The Allahabad High Court has granted bail to a woman and her daughter, who were arrested in the dowry death case of her daughter-in-law on October 29, 2022.
The Single-Judge Bench of Justice Vinod Diwakar passed this order while hearing a Criminal Appeal filed by Vidyawati and Another.
The accused-appellants Vidyawati and Neeraj have been convicted in Sessions Trial, arising out of Case under Sections 498A, 304B, 302, 201 I.P.C and Section 4 of Dowry Prohibition Act, P.S Vishungarh, District Kannauj, and the maximum sentence awarded to the accused-appellants is ten years rigorous imprisonment with fine and with lesser sentences.
As per the prosecution case, complainant Ram Krishna filed a complaint dated 3.8.2013 with the police stating that the marriage of his sister was solemnized with accused Mukesh Pal on 30.5.2009 as per Hindu rites and rituals.
In the marriage, sufficient dowry was given as per their capacity, but the in-laws of his sister were not satisfied.
The in-laws were demanding Rs 50,000/- and an Alto Car as additional dowry. Due to non-fulfilment of their demand, they used to beat and harass his sister.
The dowry demand and harassment of the informant’s sister continued till her death by the in-laws and accused-appellants. The body of his sister (deceased) was thrown into the pond.
Based on the aforesaid complaint, the police registered the FIR against the accused and submitted the charge-sheet against the accused persons under Sections 498A, 304B, 201 I.P.C and 3/4 of Dowry Prohibition Act.
On finding the sufficient evidence, the trial court convicted the accused-appellants and awarded 10 years rigorous imprisonment besides fine.
Counsel for the accused-appellants submitted that the appellants have been falsely implicated in the case.
He further submitted that the accused-appellant no 1 is the mother-inlaw of the deceased, and accused-appellant no 2 is the sister-in-law (Nanad) of the deceased.
He also submitted that the deceased was under mental and social pressure as she could not conceive even after four years of her marriage.
He said that in the post-mortem report, the cause of death has been shown as ‘asphyxia as a result of anti-mortem drowning’, and no antemortem injury was found on the body of the deceased.
He further said that there are contradictions in the statements of the prosecution witnesses and are not corroborated with independent evidence.
He also said that nothing incriminating has been recovered from the possession of the accused-appellants. No specific role has been assigned to the accused-appellants in commissioning of the alleged crime. The prosecution has failed to prove alleged demand of dowry by the accused-appellants. Even though the death has occurred within seven years of the marriage, the prosecution could not establish dowry demand even soon before the marriage or even before the death of the deceased. It is further urged that the accused-appellants were on bail during trial.
He next submitted that the accused appellants have no criminal history to their credit and have been languishing in jail since 29.10.2022.
A.G.A has opposed the prayer for the grant of bail to the accused-appellants.
The Court observed that,
The accused-appellants are mother-in-law and sister-in-law (Nanad) of the deceased and no direct role has been assigned by the prosecution in commission of the crime.
The accused-appellants have been languishing in jail since 29.10.2022 and were on bail during trial. On perusal of the custody certificate it transpires that the accused-appellants have undergone more than 9 months.
Both the accused-appellants have no previous involvement in any other case and nothing has been brought on record about the involvement of accused-appellants in any other case.
“It may take sufficiently long time for the appeal to come on board, and the Court is of the opinion that no fruitful purpose would be served by keeping the accused-appellants in jail during pendency of the appeal as they were on bail during trial. The accused-appellants are entitled to be released on bail”, the Court further observed while allowing the appeal.
“Let the accused-appellants, Vidyawati and Neeraj, be released on bail in the above case on furnishing personal bonds and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned, subject to furnishing undertaking that they will cooperate in the hearing of the appeal”, the Court ordered.
The High Court further ordered the Sessions court to present the appeal against the sentence of 10-year imprisonment and fine in the dowry death case.