Prakash vs The State

Budihal. R.B., J.—This is the petition filed by the petitioner-accused No. 1 u/s 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 498A, 304B r/w. Section 34 of IPC and under Sections 3, 4 and 6 of the Dowry Prohibition Act registered by the respondent--police in Crime No. 199/2013.

Heard the arguments of the learned counsel appearing for the petitioner-accused No. 1 and also learned High Court Government Pleader for the respondent-State.

Learned counsel for the petitioner during the course of his argument submitted that the allegations made in the complaint are vague and the prosecution has not placed any prima-facie material to show that the petitioner and other two accused persons were giving ill-treatment in connection with demand of the dowry amount from the deceased. The counsel submitted that the only reason that when the parents came to the house of the petitioner to take the deceased to the parental place for deepavali festival, the petitioner told that he will send her after deepavali festival and only because of that reason, the incident has taken place. Hence, the counsel submitted that the investigation of the case is completed and charge sheet is filed in the case. The counsel also made the submission that accused Nos. 2 and 3 have already been released on bail. Hence, submitted to admit the petitioner to bail.

As against this, the learned High Court Government Pleader during the course of his argument submitted that there is a material collected by the investigating Officer during investigation to show that the petitioner along with accused Nos. 2 and 3 given ill-treatment to the deceased in connection with demand of dowry amount. The counsel further made the submission that offences alleged are serious in nature and hence petitioner is not entitled to be released on bail.

I have perused the averments made in the bail petition, FIR, complaint and other materials placed on record. The father of the deceased himself is the complainant in this case. Perusing the averments made in the complaint, it is stated that after the marriage for about one year his daughter was happy with her husband and there afterwards, the petitioner and his father and mother started to give harassment to his daughter. It is further alleged in the complaint that they were insisting the deceased to bring the amount from her parental house for their expenses. So this is the allegation made in the complaint and there is no averment that they were insisting the deceased to bring the dowry amount. The same set of allegations are made against all the three accused persons looking to the averments in the complaint. After considering the merits of the case accused Nos. 2 and 3 have been already released on bail. Now the investigation of the case is also completed and charge sheet has been filed. When the same set of allegations against all the three accused persons and to maintain consistency in the case, it is necessary to release the petitioner on bail. So far as the apprehension of the prosecution that if released on bail, petitioner may abscond and he may tamper the prosecution witnesses. Some stringent conditions can be imposed to secure the presence of the petitioner during the course of the trial.

Accordingly, petition is allowed. The petitioner-accused No. 1 is ordered to be released on bail for the offences punishable under Sections 498A, 304B r/w. Section 34 of IPC and under Sections 3, 4 and 6 of the Dowry Prohibition Act registered by the respondent-police in Crime No. 199/2013, subject to the following conditions:

(i) The petitioner shall execute a personal bond for a sum of Rs. 1,00,000/- (Rupees One Lakh only) with two solvent sureties for the likesum to the satisfaction of the concerned Court;

(ii) The petitioner shall not directly or indirectly tamper with any of the prosecution witnesses;

(iii) The petitioner shall appear before the concerned Court regularly.