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2015 DIGILAW 2660 (ALL)

Sonu @ Madik Tiwari v. State of U. P.

2015-08-28

KARUNA NAND BAJPAYEE

body2015
JUDGMENT Karuna Nand Bajpayee, J. Sri D.N. Mishra, Advocate has filed Power on behalf of the applicant today, which is taken on record. 2. Heard Sri Shikhar Awasthi and Sri D.N. Mishra, learned counsel for the applicant and learned A.G.A. 3. Perused the record. 4. Submission of counsel for the applicant is that all the allegations made against the applicant regarding demand of dowry and treating the deceased with cruelty are absolutely false and fake and he has been falsely implicated in the present case. Further submission is that the co-accused Kishan Tiwari has already been released on bail by another Bench of this Court on 5.5.2014. Apart from this, submission of counsel for the applicant is that admittedly to the prosecution, the deceased had committed suicide in the house of her parents and the applicant was nowhere present at the place of the occurrence. It was further submitted that the circumstances under which the deceased committed suicide, are beyond the knowledge of the applicant who lived in her own house. It was also submitted that the deceased used to live with her parents in Gangaganj Colony Panki in Kanpur Nagar while the applicant lived in the village Maksoodabad, District Kanpur Nagar. It was contended that the allegation that the applicant along with his father had gone to the house of the parents of the deceased where she lived about 35 days before the incident in question, is concocted and has been given entirely a wrong complexion. It was further contended that as the deceased was refusing to live with the applicant in the village and the applicant was unable to manage a residence in city, she was not prepared to come back to the house of the applicant. In fact, the applicant along with his father had gone to persuade the deceased to come back with him and it was not at all the visit with any intention to make demand of dowry. It was next contended that it is highly improbable to imagine that when the deceased had been already living in her parents' house for almost one year why all of a sudden the applicant along with his father would have travelled to her house just to make the demand of dowry. It was next contended that it is highly improbable to imagine that when the deceased had been already living in her parents' house for almost one year why all of a sudden the applicant along with his father would have travelled to her house just to make the demand of dowry. Submission is that whatever might have happened on 25.1.2013 when the applicant and his father are said to have visited the house of his wife's father, that visit cannot be said to have had any nexus with her suicide nor can such a visit be tantamount to any abetment in the absence of any cogent credible evidence to that effect. In any view of the matter, the deceased committed suicide in her own fathers' house and it cannot be said to be the result of any abetment done by the applicant and it will be very farfetched to contend that such kind of suicide in her father's house would amount to dowry death of the deceased caused by the applicant. Lastly, it was submitted that the applicant has already spent one and half years in jail and is languishing behind the bars since 19.01.2014. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has 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. It has also been pointed out that the accused is not having any criminal history and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 5. Learned A.G.A. opposed the prayer for bail. 6. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 7. 7. Let the applicant-Sonu @ Madik Tiwari, involved in Case Crime No. 20 of 2014, under Sections 498-A, 304-B, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Bithoor, District Kanpur Nagar, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions : - (1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever. (2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice. 8. It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail. 9. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.