Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29239 of 2021 Applicant :- Maiyadeen Opposite Party :- State of U.P.
Counsel for Applicant :- Birendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Shyamu Shukla, Advocate holding brief of Sri Birendra Singh, learned counsel for the applicant, Sri Sanjay 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 applicant Maiyadeen, seeking enlargement on bail during trial in connection with Case Crime No. 87 of 2020, under Section(s) 498A, 304B I.P.C. and Section 3/4 D.P. Act, registered at P.S. Badausa, District Banda.
Learned counsel for the applicant argued that the applicant is father-in-law of the deceased. It is argued that although the applicant is named in the F.I.R. but the allegations therein are totally false and concocted and the deceased committed suicide and died. Para-14 of the affidavit in support of bail application has been placed before the Court and it has been argued that the trial in the aforesaid case has started in which the first informant Binda Prasad was examined as P.W.-1, Smt. Puniya mother of the deceased, was examined as P.W.-2, Smt. Gaura Devi sister-in-law (bhabhi) of the deceased was examined as P.W.-3 and Smt. Sheela, sister-in-law (bhabhi) of the deceased was examined as P.W.-4 who have not supported the prosecution and have been declared hostile.
It is argued that the first informant (P.W.-1) has in his statement recorded before the trial court stated that the applicant never demanded any dowry and the deceased was never tortured for non-fulfilment of dowry and she committed suicide and as such, implication of the applicant in the present case is false. It is argued that the applicant has no other criminal antecedents as stated in para-12 of the affidavit and is in jail since 06.9.2020.
Per contra, learned AGA opposed the prayer for bail but could not dispute the averments made in para-14, 15 and 16 of the affidavit.
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 who is aged about 72 years, four prosecution witnesses have been examined before the trial court including the first informant who have not supported the prosecution case and have been declared hostile. The husband is in jail.
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- Maiyadeen, 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 :- 16.8.2021 Naresh (Samit Gopal,J.)