Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22324 of 2019 Applicant :- Ishtiyaq Ali Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No.03 of 2019, under Sections 498-A, 304-B IPC and Section 3/4 of D.P. Act, Police Station Sachendi, District Kanpur Nagar with a prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the deceased, daughter of the informant, committed suicide by hanging herself from a rope in the house of her own father of which information was provided on 01.01.2019 at the police station concerned in which there was no allegation in respect of harassment of the deceased by any of her in-laws including the applicant, who happens to be the husband of the deceased. It has been submitted that five days thereafter, first information report was lodged by the father of the deceased on 06.01.2019 in which it was alleged that she had been harassed by her in- laws in connection with demand of motorcycle and that she was left by her in-laws on 10.11.2018 at Kisan Nagar from where the informant had brought her to his own home, where she was being harassed through telephonic demands.
The contention of the learned counsel for the applicant is that the prosecution story about demand of dowry, etc is an afterthought inasmuch as if she was really harassed, then she could have lodged FIR on 10.11.2018 when she was allegedly left by her husband. It has been submitted that it appears that the daughter of the informant was not happy with her marriage and therefore she committed suicide in the house of her own father. It has been submitted that if there had been harassment of the informant's daughter on account of demand of dowry, then the death report could have indicated about demand of dowry but the death report, which was provided on 01.01.2019 by her own father, did not at all disclose about demand of dowry or harassment of informant's daughter. It has been submitted that for the purpose of extracting money, first information report has been lodged. It has been submitted that the applicant has been falsely implicated; he has no previous criminal history; he is in jail since 18.02.2019 and, in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for grant of bail to the applicant, but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions noticed above, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Ishtiyaq Ali be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.
(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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. is issued and the 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 of the Indian Penal Code.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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.
Order Date :- 31.7.2019 AKShukla/-