Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33072 of 2021 Applicant :- Anar Nishad Opposite Party :- State of U.P.
Counsel for Applicant :- Ashutosh Kumar Pandey,Sunita Chauhan Counsel for Opposite Party :- G.A.,Hari Prakash Tiwari
Hon'ble Samit Gopal,J.
Heard Sri Ashutosh Kumar Pandey, learned counsel for the applicant and Sri U.P. Singh, learned counsel for the State and perused the material on record. Sri Hari Praksh Tiwari, learned counsel for the first informant is not present even when the matter is called out in the revised list.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Anar Nishad, seeking enlargement on bail during trial in connection with Case Crime No.46 of 2021, under Section 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, registered at Police Station Kaptanganj, District Azamgarh.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is the father-in-law of the deceased. As per prosecution case itself, the allegation of demand of dowry is upon the husband but there is an allegation that due to non- fulfillment of the said demand, the applicant and other co- accused persons used to torture and harass the deceased. It is argued that general and omnibus allegations have been made in the FIR against the applicant and other family members. It is further argued that the applicant never demanded any dowry from the deceased which is evident from the prosecution case itself. The cause of death is as asphyxia as a result of hanging. The deceased received single ligature mark on her body without any external mark of injury. The husband of the deceased is in jail. It has also been pointed out that the applicant is not having any criminal history as stated in para 27 of the affidavit and is in jail since 03.04.2021.
Per contra learned counsel for the State has opposed the prayer for bail and argued that the applicant is named in the FIR. Since the applicant is the father-in-law of the deceased, he was the head of the family and was responsible for setting things right, as such prayer for bail be rejected.
After hearing the counsel for the parties and perusing the record, it is apparent that the applicant is the father-in-law of the deceased. General and omnibus allegations have been made in the FIR against the applicant and other family members. The husband of the deceased is in jail.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Anar Nishad, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal, J.) Order Date :-27.9.2021 Gaurav