Allahabad High Court
Sarvesh Gond vs State Of U.P. on 11 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:163822 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35527 of 2023 Applicant :- Sarvesh Gond Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhushan Singh,Punita Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Chandra Bhushan Singh, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA for the State-respondent.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 164 of 2022, under Sections 498-A, 304-B IPC & 3/4 D.P. Act, Police Station- Bhaluani, District- Deoria, during pendency of the trial in the court below.
3. FIR of the present case was lodged against the applicant and his family members and according to the FIR, marriage of the applicant was performed with the deceased in the year 2018 and after marriage, applicant and his family members tortured her for demand of Rs. three lacs and on 18.11.2022 informant received an information that his daughter i.e. deceased hanged herself.
4. Learned counsel for the applicant submitted that applicant is the husband of the deceased and entire allegation of demand of dowry and torture made against him is totally false and baseless and actually applicant resided in Qatar and heavy amount of money and jewelleries of the deceased were taken by her family members and when she demand her entire belongings then they refused to return and only due to this reason she committed suicide.
5. He further submitted that at the time incident applicant was in Qatar and only being husband of the deceased, he has been roped in the present matter. He further submitted that even as per the autopsy report of the deceased, she died due to hanging and this fact clearly suggests that she committed suicide.
6. He further submitted that applicant is not having any criminal history and he is in jail since 19.11.2022 i.e. for more than eight months.
7. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is the husband of the deceased and his wife died within five years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry and except bald and vague defence taken in paragraph no. 11 of the affidavit, there is no evidence on record, which can show that on the date of incident, applicant was in Qatar rather there is evidence, which shows that applicant was very well present in India on the date of incident.
8. I have heard both the parties and perused the record of the case.
9. Applicant is the husband of the deceased and his wife died due to hanging within five years of her marriage in her matrimonial home and there is also allegation of demand of dowry and applicant failed to explain the abnormal death of his wife, however, in paragraph no. 11 of the affidavit he made an averment that he was working in Qatar and on the alleged date of incident he was in Qatar but from the material available on record, it reflects that on the date of incident he was present in India at his home.
10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail.
11. Accordingly, the instant bail application is rejected.
12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 11.8.2023 KK Patel