Back
IN THE HIGH COURT OF ALLAHABAD
RAJEEV MISRA, J.
Sunil Gupta – Applicant
Versus
State of U.P. - Opposite Party
Criminal MISC. Bail Application No. 32391 Of 2022
Decided On : 01-11-2022
Bail - Dowry Death - IPC 498A, 304B, D.P. Act - [Bail] - [Dowry Death] - [IPC 498A, 304B, D.P. Act] - The court discussed the bail application in a case involving allegations of dowry death under IPC 498A, 304B, and D.P. Act. The court considered the circumstances of the case, the evidence presented, and the arguments of the applicant and the state. It found that the applicant had made out a case for bail, considering the precarious family condition, lack of specific role assigned to the applicant, and the common criminality alleged against the charge-sheeted accused. The court allowed the bail application with specific conditions.
Fact of the Case:
The applicant sought bail in a case involving allegations of dowry death under IPC 498A, 304B, and D.P. Act. The deceased's father lodged an FIR alleging torture and harassment for dowry, leading to the death of the deceased. The applicant's wife died by suicide within seven years of marriage, and the charge sheet implicated the applicant, his father, and mother-in-law.
Finding of the Court:
The court found that the applicant had made out a case for bail based on the circumstances of the case, evidence presented, and the arguments of the applicant and the state. It noted the precarious family condition, lack of specific role assigned to the applicant, and the common criminality alleged against the charge-sheeted accused. The court allowed the bail application with specific conditions.
Issues: The issues involved allegations of dowry death, demand of additional dowry, and commission of physical/mental cruelty upon the deceased. The court considered the burden of proof, statutory presumptions, and the evidence presented in the case.
Ratio Decidendi: The court's decision was influenced by the lack of specific role assigned to the applicant, the common criminality alleged against the charge-sheeted accused, and the precarious family condition of the applicant. It also considered the vague and devoid material particulars regarding the allegations of demand of additional dowry and consequential commission of physical/mental cruelty upon the deceased.
Final Decision: The court allowed the bail application of the applicant, imposing specific conditions, based on the circumstances of the case, evidence presented, and the arguments of the applicant and the state.
JUDGMENT :
1. Heard Mr. Jawahir Yadav, the learned counsel for applicant, the learned A.G.A. for State and Mr. R.P.S. Chauhan, along with Anand Yadav, learned Advocate, holding brief of Mr. Kailash Nath, the learned counsel representing first informant.
2. Perused the record.
3. This application for bail has been filed by the applicant, Sunil Gupta seeking his enlargement on bail in Case Crime No.227 of 2021, under Sections 498A, 304B I.P.C. and Section 3/4 D.P. Act, Police Station- Sarpataha, District- Jaunpur, during the pendency of trial.
4. It transpires from record that marriage of the applicant namely, Sunil Gupta was solemnized with Sandhya on 27.04.2016 in accordance with Hindu Rites and Customs. From the aforesaid wedlock, initially a son namely, Om was born who is now aged about 04 years. Subsequently, a daughter namely, Nandani was born who is now said to be aged about one year and six months.
5. After expiry of a period of much more than five years and six months from the date of marriage of applicant, an unfortunate incident occurred on 24.12.2021, in which the wife of applicant namely, Sandhya died as she committed suicide by hanging herself. The information regarding the aforesaid incident was given by the applicant to his father-in-law.
6. As a result, subsequently, father-in-law of the applicant lodged an F.I.R. dated 24.12.2021 which was registered as Case Crime No.227 of 2021, under Sections 498A, 304B I.P.C. and Section 3/4 D.P. Act, Police Station-Sarpataha, District-Jaunpur. In the aforesaid F.I.R., three persons namely, Sunil Gupta (husband), Badri Prasad(father of the applicant) and Shobavati (mother of the applicant) have been nominated as named accused.
7. The gravamen of the allegations made in the F.I.R. is to the effect that named accused were not satisfied with the amount of goods and dowry brought by the deceased to her marital home at the time of her marriage. As a result, demand of additional dowry was raised. However, on account of non fulfillment of additional demand of dowry physical/mental cruelty was committed upon the deceased by the accused.
8. After lodging of the afore-mentioned F.I.R., Investigating Officer proceeded with the statutory investigation of concerned case crime in terms of Chapter XII of the Cr.P.C. He examined the first informant and other witnesses under Section 161 Cr.P.C. Witnesses so examined have supported the prosecution story.
9. The inquest of the body of the deceased was conducted on 24.12.2021. In the opinion of the Panch witnesses, the nature of death of the deceased was characterised as homicidal.
10. Thereafter, the post-mortem of the body of deceased was conducted on 24.12.2021. In the opinion of Autopsy Surgeon, the cause of death of deceased was asphyxia as a result of anti-mortem hanging. The Autopsy Surgeon found following ante-mortem injuries on the body of the deceased:-
11. On the basis of above and other material collected by Investigating Officer up to this stage, he came to the conclusion that the complicity of named accused Smt. Shobhavati (mother-in-law) of deceased is prima-facie established in the crime in question. He accordingly opined to submit the charge-sheet against her. Ultimately, Investigating Officer submitted the charge sheet dated 21.03.2022 whereunder the mother-in-law of the deceased has been charge-sheeted under Sections 498A and 304B I.P.C. and 3/4 Dowry Prohibition Act whereas the investigation in respect of other named accused was said to be pending. Subsequently, the Investigating Officer submitted the supplementary charge-sheet dated 26.05.2022 whereby applicant and father-in-
Rejection of Bail – Dowry death – Abatement of suicide – Death within seven years of marriage – Adverse presumption – Aspect of the deceased suffering from depression that is sought to be brought for....
The court reinforced that a presumption under Section 113A must be drawn against a husband when a wife commits suicide within seven years of marriage, amid allegations of dowry harassment.
The court considered the proximity of alleged cruelty to the death and lack of specific allegations regarding dowry demands in granting bail to the petitioner.
The judgment emphasizes the importance of establishing a prima facie case and the right to personal liberty, especially in cases involving allegations of dowry demand and cruelty.
The main legal point established in the judgment is the consideration of allegations of dowry demand, mental cruelty, and the impact of supplementary statements on a bail application.
The main legal point established is the presumption of innocence until proven guilty, the principle that bail is the rule and jail is the exception, and the need to avoid undue hardship from detentio....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
