An accused is entitled to bail on the ground of parity if similarly situated co-accused have been granted bail.

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56771

of 2022

Applicant :- Dhuppan Yadav

Opposite Party :- State of U.P.

Counsel for Applicant :- Mohammad Mustafa

Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicant, learned Additional

Government Advocate representing the State.

The instant bail application under Section 439 of Cr.P.C. has

been filed on behalf of the applicant with a prayer to release

him on bail in Case Crime No.103 of 2022, S.T. No.513 of

2022, under Sections 498-A, 304-B I.P.C. and Section 3/4

Dowry Prohibition Act, Police Station- Kathela Samay Mata,

District- Siddharth Nagar, during the pendency of trial.

As per prosecution case in brief informant - Shiv Charan Ydav

who is brother of the deceased lodged F.I.R. on 25.06.2022

under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry

Prohibition Act against Ram Bilas Yadav, Dhuppan Yadav, Wife

of Dhuppan Yadav and Seema, who are husband, father-in-law,

mother-in-law and sister-in-law of the deceased with the

allegation inter alia that marriage of his sister with the son of

the applicant was solemnized about 7 years back and her

Gauna ceremony was performed in May, 2021. On 25.06.2022

his sister has committed suicide on account of torture and

harassment by the accused persons because they were not

satisfied with the goods and dowry given at the time of

marriage of the deceased and their additional demand of dowry

was not fulfilled. It is argued by learned counsel for the

applicant that after lodging the F.I.R., inquest proceeding of the

body of deceased was conducted on 26.06.2022 and in the

opinion of prosecution witness, the nature of death of deceased

was categorized as homicidal. In the postmortem report, the

cause of death of the deceased was found asphyxia as a result of

antemortem injury. It has been pointed out that except ligature

mark around the neck no other injury was found on the body of

the deceased. It is also submitted that in this case charge sheet

has been submitted on 18.09.2022 against all the accused

persons except co-accused Smt. Seema who has been

exonerated. Lastly it is submitted that the co-accused Smt.

Sanju who is mother-in-law of the deceased and wife of

applicant, has already been granted bail vide order dated

22.11.2022 passed by Co-ordinate Bench of this Court in

Criminal Misc. Bail Application No.52577 of 2022. There is no

chance of the applicant of fleeing away from the judicial

process or tampering with the prosecution evidence. The

applicant is father-in-law and he is languishing in jail since

27.06.2022 having no criminal history and in case he is released

on bail, he will not misuse the liberty of bail and will cooperate

in the early disposal of the case.

Per contra, learned A.G.A. for the State opposed the prayer for

bail of the applicant by contending that on account of physical

and mental cruelty upon the deceased by the accused persons as

well as on account of non-fulfillment of demand of dowry, the

deceased has committed suicide.

Having heard learned counsel for the parties and examined the

matter in its entirety, I find that the case of the applicant is

distinguishable from the case of co-accused Ram Bilas Yadav,

who is husband of the deceased. Smt. Sanju under similar

accusation who is mother-in-law of the deceased, has been

granted bail as noted above, therefore, the applicant is also

entitled to be released on bail on the ground of parity.

Let the applicant-Dhuppan Yadav, be released on bail in the

aforesaid case crime number on furnishing a personal bond and

two sureties each in the like amount to the satisfaction of the

court concerned with the following conditions which are being

imposed in the interest of justice:-

(i) That the applicant shall cooperate in the expeditious disposal

of the trial and shall regularly attend t