Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27309 of 2021 Applicant :- Mahendra Opposite Party :- State of U.P.
Counsel for Applicant :- Pushpendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Waheed Zamal, Advocate holding brief of Sri Pushpendra Singh, learned counsel for the applicant, Sri S.B. Maurya, learned A.G.A. 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 applicant Mahendra seeking enlargement on bail during trial in connection with Case Crime No. 0040 of 2021, under Sections 498A, 304B, 323, 506 I.P.C. and 3/4 D.P. Act, registered at P.S. Bahadurgarh, District- Hapur.
Learned counsel for the applicant argued that applicant is father-in-law of the deceased. It is argued that he has been falsely implicated in the present case. It is argued that marriage of the deceased with Rahul the son of the applicant was solemnized on 20.2.2018 and the incident in the present case is dated 16.2.2021 and as per the F.I.R. itself around eight months back the deceased left her matrimonial house and came to her parental house and was living there. It is argued that the allegations regarding demand of dowry and torture of the deceased by the accused persons is false and incorrect. It is argued that even in the F.I.R. it is then states on 16.2.2021 at about 6.00A.M. the deceased committed suicide in her parental house.
It is argued that the applicant is not involved in the present case. The death of the deceased has occurred admittedly in her parental house and the applicant and other family members have been falsely implicated in the present case. It argued that general and omnibus allegations have been levelled and story of demand of dowry has seen the light of the day for the first time when the F.I.R. has been lodged. It is argued that the applicant has no other criminal antecedents as stated in para-30 of the affidavit and is in jail since 15.3.2021.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that the deceased was living in her parental house since last eight months of the date of occurrence and further, the applicant is father-in-law of the deceased.
After having heard learned counsels for the parties and perusing the record, it is apparent that the applicant is father-in-law of the deceased. The death of the deceased has occurred in the parental house and the averment made in the F.I.R. that she committed suicide.
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- Mahendra, 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 :- 30.7.2021 Naresh (Samit Gopal,J.)