Allahabad High Court Grants : Bail To Husband Accused U/S 498A And 304B Indian Penal Code
Allahabad High Court Grants : Bail To Husband Accused U/S 498A And 304B Indian Penal Code
Very recent, the Allahabad High Court granted bail to an accused (Husband) charged U/S. 498-A, 304B Indian Penal Code and Section 3/4 of Dowry Prohibition Act.
Justice Shamim Ahmed passed the order on bail application of Rahul Gupta. Rahul Gupta moved a bail application seeking bail in F.I.R. under Sections 498-A, 304B Indian Penal Code and Section 3/4 of Dowry Prohibition Act.
As per the first informant, Ram Kumar Gupta, lodged a first information report on 10.03.2020 at about 23:19 hours, naming Rahul Gupta (husband), the present applicant, Vimla (mother-in-law), Mansi Gupta (Nanand), Sushil Gupta (husband of Mansi Gupta) and Gaurav Gupta (Devar), with the allegation that they were demanding more dowry in the form of cash of rupees ten lakhs.
Counsel for the applicant Mr Rakesh Chaudhary submitted that the applicant is the husband of the deceased, Smt. Suchi Gupta. No such demand of dowry, as alleged by the prosecution was made. The applicant has been falsely implicated in the present case. The relations of the deceased with her husband were very cordial. On the date of incident, on being scolded by him of not making breakfast early, she came under depression and in anger she hanged herself from a ceiling fan in a room of her matrimonial house.
He further submitted that after due investigation by the Investigating Officer, only the applicant and his mother, namely, Vimla, were charge sheeted and other three named persons were exonerated by the Investigating Officer, which creates doubt about the veracity of allegations as levelled in the first information report by the complainant.
Further the Counsel submitted that according to the post-mortem report of the deceased cause of death is shown as asphyxia on account of ante mortem hanging and viscera has been preserved.
Justice Shamim Ahmed considering the allegations made in the F.I.R., the nature of evidence, the post-mortem report of the deceased and the cause of death as alleged, the statements of complainant, brother and mother of the deceased, the period of detention already undergone by the applicant, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, and considering the statements of witnesses and also on the consideration that the accused who was also charge sheeted, i.e., the mother-in-law of the deceased namely, Smt. Vimla Gupta, has been granted bail on the ground that all the accused has been assigned general role and allegation including the present applicant, and also considering the observation given by the Hon’ble Supreme Court in the cases of Takht Singh (supra), Kamal (supra) and larger mandate of Article 21 of the Constitution of India and the law laid down by the Hon’ble Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, granted bail to the accused.
