Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44427 of 2021 Applicant :- Makkhan Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar,Krishna Mohan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Krishna Mohan Tripathi, learned counsel for the applicant, Sri Satish Pandey, learned counsel for the State and perused the mate as rial on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Makkhan, seeking enlargement on bail during trial in connection with Case Crime No. 175 of 2021, under Sections 498-A, 304-B I.P.C. & Section 3/4 Dowry Prohibition Act, registered at P.S.- Civil Lines, District- Rampur.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that although the applicant is stated to be Jaith of the deceased Usha but learned counsel for the applicant has placed reliance upon para Nos. 11 to 15 of the affidavit and argued that although applicant is biological brother of the co-accused Suresh, the husband of the deceased but he has been adopted since his childhood by Shri Budhiram and as such does not come within the purview of the family and the in-laws of the deceased. It is argued that marriage of the deceased was solemnized with the Suresh and deceased has committed suicide in her parental house. From the perusal of the post-mortem report, single ligature mark was found on her body and cause of the death is Asphyxia due to ante-mortem hanging. It is argued that applicant has no criminal history as stated in para 18 of the affidavit and he is languishing in jail since 03.07.2021.
Per contra, learned A.G.A. opposed the prayer for bail and argued that applicant is named in the First Information and there are allegation against him. Even prior to the present incident, a Panchyat was called for in which there were disturbances created by the accused persons. It is argued that as such, that the applicant is involved in the matter.
After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the relative of the husband of the deceased. The cause of death is asphyxia as a result of hanging and there is no other bodily injury except for the ligature mark.
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 Makkhan, 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 she 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 her 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 her, 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 her in accordance with law and the trial court may proceed against her 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.
Order Date :- 22.12.2021 Sachin/-
(Samit Gopal,J.)