Krishna Vishwas vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the First Information Report No.359 of 2022, registered at police station Rudrapur, District Udham Singh Nagar under Section 304B of the Indian Penal Code, 1860.

As per prosecution, informant’s daughter was married to the present applicant on 01.05.2021. Present applicant and other members of his family used to torture the deceased (informant’s daughter) demanding a motorcycle and Rs.01.00 Lakh (One lakh) in dowry. She died in suspicious circumstances on 05.06.2022. On the same day i.e. on 05.06.2022, inquest proceedings and post mortem of the deceased were conducted. According to the post mortem report, the cause of death was asphyxia due to anti-mortem injury. FIR was registered on 06.06.2022. Charge-sheet was filed. Prosecution has examined three witnesses.

Heard Mr. Vikas Anand, learned counsel for the applicant and Mr. V.S. Rathore, learned A.G.A. for the State.

Mr. Vikas Anand, Advocate, contended that applicant has been falsely implicated in the present matter. Prosecution has examined the informant, mother of the deceased (PW1), Dr. M.K. Tiwari (PW2), and, Pradeep Sah, maternal uncle of the deceased, (PW3). Informant-Smt. Santo Devi, mother of the deceased (PW1) and maternal uncle of the deceased (PW3) have not supported the case of the prosecution. Smt. Santo Devi (PW1) has stated in her examination-in-chief that the applicant or any member of his family had never harassed his daughter for dowry, nor did she commit suicide because of this. She has stated in her cross-examination that his daughter was happy with her marriage and she was residing happily in her in-laws’ house. Applicant is in custody since 22.06.2022. He is a permanent resident of District Udham Singh Nagar, and, he has no criminal history.

On the other hand, Mr. V.S. Rathore, A.G.A. for the State, has opposed the bail application. However, he has fairly conceded that the informant, mother of the deceased, and, maternal uncle of the deceased have not supported the case of the prosecution, and, applicant has no criminal history.

Present applicant is a permanent resident of District Udham Singh Nagar, so, there is no possibility of his absconding. He is in custody since 22.06.2022. The object of keeping the accused person in detention during the trial is not punishment. The main purpose is manifestly to secure his attendance. There is nothing on record to indicate that the applicant had earlier been involved in any unacceptable activities.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant-Krishna Vishwas be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions :-

i) Applicant shall attend the trial court regularly and he will not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case;

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, prosecution will be free to move the Court for cancellation of bail.