Fake Case On Rise: Allahabad High Court Grants Bail In Dowry Death Case After Supreme Court Observes Prima Facie Evidence Exists

The Allahabad High Court has granted bail to an accused Father-in-Law in a dowry death case observing that fake cases are on rise months after the Supreme Court refused him and his wife bail holding that there exists prima facie evidence against them.

The Court was considering a second Bail Application filed in an FIR registered under Sections 498-A, 304-B of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The bench of Justice Pankaj Bhatti held, "Considering the said statements, it is essential to notice that fake cases of demand of dowry are on the rise, as is evident from the present case where the informant, challenged the order of grant of bail before the Supreme Court and thereafter has resiled from the said statements and have not supported the prosecution version, this fact cannot be ignored by this court. This is very unfortunate case where, the informant took a different stand before the Supreme Court as is noticed by the judgment of the Supreme Court and has thereafter resiled from the statements which indicates the stark reality of the society."

The Applicant was represented by Advocate R.B.S. Rathaur, while the Respondent was represented by the Government Advocate.

The first Bail Application of the Applicant was allowed by the Court. Subsequently, the said order was challenged in appeal before the Supreme Court along with three other SLPs (Crl.) and the bail granted to the Applicant was set aside.

It was observed that the court should be cognizant of the dowry death prevailing in the society and the court should undertake deeper scrutiny of the circumstances under which bail is granted in these cases

The Supreme Court was of the view that the social message from the judicial orders cannot be overstated when a young bride dies under the suspicious circumstances merely within two years of marriage, the judiciary must reflect heightened vigilance and seriousness and had further directed that the Applicant and the mother in law of the deceased to surrender before the trial court and directions were also issued to the trial court to conclude the trial expeditiously.

Pursuant to the judgment of the Supreme Court, the Applicant surrendered before the trial court and thereafter the statement of the witnesses were recorded.

It was also stated before the Court that the Victim had committed suicide and the informant in the case turned hostile.

The Application was accordingly allowed.

Cause Title: Mukhtar Ahmad v. State Of U.P. Thru. Addl. Chief Secy. Home Lko.

Appearances:

Applicant- Advocate R.B.S. Rathaur, Advocate Anu Kumari, Advocate Anurag Singh Rathaur

Respondent- Government Advocate 

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