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Enlarging an accused on bail in a dowry-related matter, Allahabad High Court addressed the prosecution case as strange, as within a few days of the case being first registered for ‘Abetment of suicide’, the prosecution case was turned upside down and the usual allegation of matrimonial discord on account of dowry was alleged.

Stressing upon the amount of uncertainty in the prosecution story, the Bench of Justice Alok Mathur observed,

“Within two days after the incident, the entire texture of the case was changed by levelling usual allegation of demand of dowry. There was a sea change in the tone, texture and tenor of the case. The prosecution himself is not sure about his own case. The fact remains that the deceased died on account of hanging. Thus, the applicant is liable to be released on bail.”

In the present matter, the accused is ‘Devar’ of the deceased woman. According to the FIR, there was an alleged discord between husband and wife on account of paucity of funds, resultantly, she was not given sufficient amount to maintain herself, and as a result the wife committed suicide. The case was registered under section 306 of Indian Penal Code.

However, within two days after the incident, with informant’s application, the entire texture of the case was changed by levelling usual allegation of demand of dowry.

Though the police had submitted charge-sheet under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act.

Taking note of the sudden changes, the court has stated that,

“This sufficiently depicts the amount of uncertainty in the prosecution story. The informant himself is not sure about the real reason of sore relationship. Except singular ligature mark there is no other injury over her person and the cause of death is hanging.”

Highlighting that the fact remains that the deceased died on account of hanging, the Court held applicant liable for grant of bail.

Court also took note of the fact that co-accused father-in-law and mother-in-law of the deceased have already been granted bail, court found the applicant on similar footing to them in the case.

However, keeping in view the nature of the offence, evidence, complicity of the accused, the court granted the bail on the ground of parity and without expressing any opinion on merits of the case.

On the other hand, noting that the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice the Court imposed several conditions just to facilitate the applicant to be released on bail.

 

(Case Title: Suraj Singh vs. State of UP)