Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18207 of 2021 Applicant :- Ashwani Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Sadaful Islam Jafri Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Ms. Nasira Adil, Advocate holding brief of Sri S.I. Jafri, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure which has been filed by the applicant Ashwani Singh, seeking enlargement on bail during trial in connection with Case Crime No. 211 of 2020, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, registered at Police Station Jiyanpur, District Azamgarh.
Learned counsel for the applicant argued that although the applicant is the husband of the deceased but he has been falsely implicated in the present case. The deceased committed suicide and died. The deceased was a patient of epilepsy for which annexure 4 has been filed to demonstrate that she was under regular treatment of epilepsy since prior to marriage and the treatment continued even after her marriage. It is argued that the deceased committed suicide by sprinkling kerosene on her which fact is borne out from the postmortem report wherein smell of kerosene is present. It is argued that the allegation that the deceased was tortured and there was a demand of dowry, is false and concocted allegation as prior to the present First Information Report there is no complaint whatsoever to any of the authorities including the police regarding any torture or demand of dowry by the applicant and his family members. Para 8 has been placed wherein the illness of the deceased and her treatment has been mentioned and the relevant prescriptions have been annexed. It is argued that there are general and omnibus allegations against all the accused persons and there is no specification whatsoever even in so far as the applicant is concerned. It is further argued that co-accused Smt. Saraswati Singh who is the mother-in-law of the deceased has been granted bail by co-ordinate Bench of this Court vide order dated 19.11.2020 passed in Crl. Misc. Bail Application No. 37026 of 2020 (Smt. Saraswati Singh Vs. State of U.P.), copy of the order is annexed as annexure 6 to the affidavit. Learned counsel has placed the postmortem report and argued that the cause of death has been opined by the doctor as asphyxia due to antimortem burn injury but except for the burn injury, doctor did not find any other injury on the body of the deceased which would go to show that there was no torture or physical assault on the victim. He further argued that the applicant has no criminal history as stated in para 31 of the affidavit and is in jail since 01.12.2020.
Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicant is the husband of the deceased. The death of the deceased took place in her matrimonial house within seven years of marriage which is unnatural and as such the applicant was responsible for the same.
After having heard learned counsels for the parties and perusing the records, it is apparent that although the applicant is the husband of the deceased but the deceased was a patient of epilepsy for which she was under treatment since long time being even prior to the marriage and even after marriage.
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 Ashwani Singh, 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.
Order Date :- 12.8.2021 M. ARIF (Samit Gopal, J.)