The Allahabad High Court has granted bail to a person, who was accused of murdering his wife for dowry, considering that he has already served half of his sentence and that there was no possibility of hearing in the matter in the near future.
A Single-Judge Bench of Justice Rahul Chaturvedi passed this order on a Criminal Appeal filed by Shivbahadur Verma, challenging the November 15, 2019 order of the Additional Sessions Judge, Ballia.
As per the complaint, a case was registered against Verma under Sections 498A and 304B of IPC and Sections 3, 4 of the Dowry Prohibition (DP) Act at Police Station Sahatwar in Ballia district.
The accused was sentenced under Section 304B for 10 years rigorous imprisonment and Rs 10,000 fine. In case of default, one year additional simple imprisonment was awarded to the appellant.
The Counsel for the applicant contended that the applicant was the husband of the deceased, who died in unnatural circumstances. The cause of death was due to asphyxia as a result of ante-mortem hanging.
He said the applicant has already served almost 50 per cent of the total sentence awarded to him and has remained in jail since September, 2017.
Jay Prakash Gupta, Counsel for the informant, submitted that this was a brutal murder, committed by strangulating the neck of the woman.
“Keeping in view the sentence awarded as well as nature of offence and considering the fact that there is no likelihood of this appeal being decided in near future, the applicant has made a fit case for bail”, the Court observed.
“Let applicant-Shivbahadur Verma be released on bail arising out of case under Sections 498A, 304B IPC and Section 3/4 D.P Act, Police Station-Sahatwar, District-Ballia, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned,” it added.
The case was listed for final hearing in October, 2022.