Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21545 of 2021 Applicant :- Faider Alias Faizal Opposite Party :- State of U.P.
Counsel for Applicant :- Bhanu Prakash Verma Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Matter taken up through Video Conferencing.
Heard Sri Bhanu Prakash Verma, learned counsel for the applicant, Sri Virendra Kumar Maurya, learned AGA for the State, who have appeared through Video Conferencing.
Perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Faider alias Faizal, seeking enlargement on bail during trial in connection with Case Crime No.95 of 2021, under Section(s) 498A, 306 I.P.C. registered at P.S. Highway, District Mathura.
Learned counsel for the applicant argued that the applicant is devar of the deceased. It is argued that in the First Information Report seven accused persons being entire family members have been arrayed as accused. It is argued that incident in the present case is alleged to have taken place on 27.1.2021 at about 18:30 hours whereas the F.I.R. has been registered on 29.1.2021 at 13.30 hours which is after delay of two days without any explanation for the same. It is further argued that marriage of the deceased was solemnized with Shahzad around 12 years back. It is argued that Shahzad who is husband of the deceased, is in jail. It is argued that the applicant lives separately from that of the deceased and her husband.
It is further argued that the deceased committed suicide and died which is also suggestive from the post mortem examination report which shows one ligature mark present on the body of the deceased without any other bodily injury whatsoever and the doctor conducting post mortem examination has opined the death due to asphyxia as a result of ante mortem hanging.
It is next argued that the family member of the deceased being Iqbal (brother of the deceased)/first informant was present at the time of inquest proceedings, copy of the same has been placed before the Court which is annexure no. 2 to the affidavit filed in support of bail application. It is argued that even in the same there is a reference that an information was sent to the police that the deceased Salma committed suicide by hanging herself from a fan. It is argued that no complaint whatsoever has been made by the brother of the deceased at the time of inquest proceedings regarding death being unnatural. It is only later on as an afterthought after two days of the incident, the present F.I.R. has been registered. It is argued that the applicant has no other criminal antecedents as stated in para-17 of the affidavit and is in jail since 15.3.2021 Per contra, learned AGA opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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- Faider Alias Faizal, 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 :- 27.5.2021 Naresh Digitally signed by Justice Samit Gopal Date: 2021.05.28 13:27:13 IST Reason: Document Owner Location: High Court of Judicature at Allahabad