The Allahabad High Court recently granted bail to one Alok Shukla of Jaunpur, who is accused of dowry murder and harassment.
A single-judge bench of Justice Dinesh Pathak passed the order while hearing a criminal appeal filed by Shukla. The bail application has been filed on behalf of the appellant convicted and sentenced order dated January 29, 2019, passed in Sessions arising out of Case under Section 498-A, 304-B IPC and Section 3/4 D.P.Act, Police Station-Line Bazar, Jaunpur, District-Jaunpur.
It is submitted that the uncle of the victim lodged the FIR showing death of his niece as a dowry death alleging therein that she was throughout subjected to harassment and cruelty for the demand of dowry.
It is further submitted that FIR was lodged at a very belated stage whereas the informant (victim’s uncle) was himself present at the time of inquest.
The Court has itself made an observation that the mental condition of the deceased was not good and she hanged herself to death and despite this fact, the Court below has illegally convicted the applicant under Section 304 (B), 498-A IPC and Section 3/4 of the Dowry Prohibition Act.
It is stated that the Court below has failed to point out any unimpeachable evidence to prove that soon before her death, deceased was subjected to cruelty or harassment by her husband and other accused for or in connection with any demand of dowry.
It is submitted that in the light of the fact that the sister and mother of the deceased’s husband have been acquitted from the charges, the prosecution story fails and the prosecution also failed to prove the genesis of the case.
It is further stated that there is no unimpeachable evidence on the record to prove the complicity of the applicant in the commission of the crime as mentioned in the FIR. It is further submitted that the appellant was on bail during trial and he had never misused the liberty of bail during the said period. It is further submitted that there is no likelihood of hearing and early disposal of present appeal in near future.
The Counsel for the applicant submits that the Applicant may be enlarged on bail during the pendency of the appeal.
The AGA vehemently opposed the prayer for bail and submitted that the Court below had passed the order after thorough scrutiny and proper appreciation of the evidences available on record in its right perspective.
Hence, the applicant does not deserve any leniency by this Court and his bail application is liable to be rejected.
Having gone through the order passed by the Court below, after hearing Counsel for the parties, considering the complicity of convict appellant as well as totality of facts and circumstances of the case, without expressing any opinion on merits of the appeal, I find it appropriate to enlarge the applicant on bail.
The appellant, Alok Shukla convicted in Sessions arising out of Case under Section 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station-Line Bazar Jaunpur, District-Jaunpur, be enlarged on bail, during pendency of this appeal, on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned subject to the condition that applicant shall pursue this appeal regularly, shall not seek any unnecessary adjournment and shall co-operate in its early disposal.
However, the fine as imposed by the trial Court order dated January 29, 2021, shall remain stayed.
Accordingly, the bail application stands allowed, the Court orders.