Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44749 of 2021 Applicant :- Anarul@Anavar And Another Opposite Party :- State Of U.P Through Its Principal Secretary Home Counsel for Applicant :- Dharmendra Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Dharmendra Kumar Dwivedi, learned counsel for the applicants, Sri Sanjay Kumar Singh, learned AGA for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants Anarul@Anavar and Sadikul, seeking enlargement on bail during trial in connection with Case Crime No. 0072 of 2021, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, registered at P.S. Sarpataha, District Jaunpur.
Learned counsel for the applicants argued that applicants are father-in-law and mother-in-law respectively of the deceased. It is argued that general and omnibus allegations have been levelled against all the accused persons. It is argued that implication of the applicants in the present matter is vague in as much as Salman the husband of the deceased was named in the F.I.R. where there are roving allegations of other family members being involved in it. It is argued that the deceased committed suicide and died which is suggestive from the post mortem examination report wherein the deceased has been opined to have received single ligature mark on the body and cause of death has been opined due to asphyxia as a result of ante mortem hanging. Learned counsel while placing para-12 of the affidavit, has argued that the applicants were living separately, for which ration card has been placed before the Court which is annexure no. 7 to the affidavit. It is argued that the applicants are old aged persons. It is argued that the applicants have no other criminal antecedents as stated in para- 21 of the affidavit and are in jail since 13.9.2021.
Per contra, learned AGA opposed the prayer for bail and argued that the applicants are involved in the present matter. It is argued that the deceased died in matrimonial house after 23 months of marriage which is unnatural.
After having heard learned counsels for the parties and perusing the record, it is evident that the applicants are father-in-law and mother-in-law of the deceased and general and omnibus allegations have been levelled against all accused persons. They are not named in the F.I.R. and have been addressed therein as other family members.
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 applicants may be enlarged on bail.
Let the applicants- Anarul@Anavar and Sadikul, be released on bail in the aforesaid case crime number on their 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 applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicants 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 applicants shall file an undertaking to the effect that they 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 applicants will not misuse the liberty of bail in any manner whatsoever. In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under section 82 Cr.P.C., may be issued and if applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under section 174-A I.P.C.
(V) The applicants 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 applicants 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 them in accordance with law and the trial court may proceed against them 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 applicants.
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 applicants 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 :- 28.10.2021 Naresh Digitally signed by Justice Samit Gopal Date: 2021.10.29 18:17:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad