Ganesh Prasad and Others vs State of U.P.

Naheed Ara Moonis, J.—Heard learned Counsel for the Appellants and the learned A.G.A. for the State.

Admit.

Summon the lower court record.

A prayer for bail has been made in this criminal appeal, which has been filed against a judgment and order dated 11.4.2011, passed by Additional Sessions(Asthayi Ex Samwarg Pad), Second, Fatehpur, in Session Trial No. 157 of 2010 State v. Subhash Sahu and Ors., arising out of case crime No. 200 of 2008, under Sections 498-A, 506 IPC and Section 3 Dowry Prohibition Act, P.S. Ghazipur, District Fatehpur, convicting and sentencing the Appellants u/s 498-A IPC for two years with a fine of Rs. 1,000/- each, u/s 506 IPC two years with a fine of Rs. 1,000/-each and u/s 3 Dowry Prohibition Act five years rigorous imprisonment with a fine of Rs. 50,000/- each, with default stipulation. It is argued by the learned Counsel for the Appellants that, the Appellants are the brother in-laws and sister in-laws of the complainant, Smt. Gudiya, who was married to the co-accused Subhash Sahu on 21.4.2007. According to the prosecution case the first information report was lodged by the victim herself stating therein that, at the time of marriage sufficient dowry was given by her parents. After sometimes the demands of a motorcycle and fifty thousand rupees were made by the Appellants including the husband of the victim and mother in-law. On account of non fulfillment of demand of dowry on 24.7.2007 the husband of the victim with an intention to kill fired upon her, on account of which she had sustained injuries over her abdomen, but fortunately she survived. After treatment on 19.11.2007 a compromise had arrived between the parties and the complainant started residing with her in-laws at her matrimonial house. After few days of the compromise they again started making demand of dowry and on 15.12.2007 all of them ousted her from her matrimonial house and threatened her that in case of non fulfillment of demand of dowry she will be done to death. The complainant had no alternative, except to move an application u/s 125 Code of Criminal Procedure, on which a case was registered on 31.3.2008 and the notices were issued against her in-laws. When her in-laws received the said notices, all the accused-Appellants and the husband of the victim along with the two persons namely, Yagyadutt and Shriram, who are the witnesses of the aforesaid compromise reached at the house of the complainant on 4.4.2008 and threatened her for dire consequences and had asked her to withdraw the aforesaid case registered u/s 125 Code of Criminal Procedure The complainant had tried to lodge the first information report, but it could not be lodged, therefore, she moved an application u/s 156(3) Code of Criminal Procedure, on the basis of which a first information report was registered on 29.8.2008 at 2:00 am, which was registered as case crime No. 200 of 2008, under Sections 147, 148, 307, 506, 498-A IPC and Sections 3 and 4 Dowry Prohibition Act against the husband, mother in-law and the present Appellants.

It is contended by the learned Counsel for the Appellants, that the Appellants are the brothers and sisters in-laws(Nand and Nandoi) of the complainant and they are residing at Bombay. They have nothing to do with the demand of dowry. The allegations, even, if it is taken to be true, only a case u/s 506 IPC is made out against them with regard to extending threat to the complainant for dire consequences on 4.4.2008. The court below has wrongly convicted them under Sections 498-A, 506 IPC and Section 3 Dowry Prohibition Act.

It has further been contended that the Appellants were not involved in demanding and torturing the complainant and they were married prior to the marriage of the complainant, and as such entire allegations against them are false and concocted. The Appellants were on bail during the trial and they had never misused the liberty of bail. In case, they are enlarged on bail, they will not misuse the liberty of bail.

Per contra the learned AGA has opposed the prayer of bail of the Appellant and supported the judgment of the trial court.

Having considered the submissions made by the learned Counsel for the Appellants as well as the learned AGA and looking to the facts and circumstances of the case, without expressing any opinion on the merits of the case, the prayer for bail of the Appellants is allowed.

Let the Appellants, Ganesh Prasad, Mahesh Prasad, Smt. Asha and Smt. Usha, convicted and sentenced in Session Trial No. 157 of 2010 State v. Subhash Sahu and Ors., arising out of Case Crime No. 200 of 2008, under Sections 498-A, 506 IPC and Section 3 Dowry Prohibition Act, P.S. Ghazipur, District Fatehpur, be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Subject to depositing ten thousand rupees of the amount of fine, the rest of the amount of fine shall remain stayed.