Dharmendra Singh v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29893 of 2023 Applicant :- Dharmendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Srivastav,Rajan Mishra,Shailendra Kumar Tiwari Counsel for Opposite Party :- G.A.,Shaurya Sharma Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State, Sri Shaurya Sharma, learned counsel for the informant and perused the record.

¶2It has been argued by learned counsel for the applicant that the applicant is the father-in-law of the deceased and though in the F.I.R. the informant-Lakshman Singh, who is brother of the deceased had made allegations regarding demand of additional dowry and causing cruelty to the deceased, but during trial before the court below, his statement was recorded before the trial court as P.W.1., wherein he has stated that marriage of his sister was solemnized with the applicant 0n 08.12.2022, the in-laws of her sister never demanded any additional dowry, nor they tortured or harassed her, his sister was admitted in AIIMs at Delhi, where she died, her sister was short tempered and she had taken wrong steps and end her life in anger, there is no role of her in-laws in her death, thus, the applicant has falsely been implicated in the case, copy of which statement is annexed as Annexure-SA1 to the supplementary affidavit. He thus submits that no offence against the applicant is made out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 06.06.2022, having no criminal history. Learned counsel has lastly argued that similarly situated co-accused namely, Smt. Guddi Devi, the mother-in-law of the deceased has already been enlarged on bail by this Court vide order dated 09.11.2023 passed in Criminal Misc. Bail Application No. 30216 of 2023, copy of which order is annexed as Annexure-SA2 to the supplementary affidavit. It is thus contended that the applicant is also entitled for bail on the ground of parity.

¶3Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence but could not dispute the averments of the informant recorded before the Court below as P.W.1.

¶4Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

¶5Let applicant Dharmendra Singh involved in Case Crime No.103 of 2023 under Sections 498-A, 304-B I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Etmadpur, District Agra, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- A. The applicant shall not tamper with the evidence during the trial. B. The applicant shall not pressurize/ intimidate the prosecution witness. C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected. E. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶6In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 5.12.2023 S.Ali High Court of Judicature at Allahabad