Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24181 of 2018 Applicant :- Meer Hasan Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Supplementary affidavit filed by learned counsel for the applicant today in the Court is taken on record.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in case crime no.106 of 2018, under Section 498A, 323, 306 IPC and Section 3/4 of the Dowry Prohibition Act Police Station-Mansoorpur, District-Muzaffar Nagar is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that on account of maltreatment given to her daughter by her in-laws, the father of the girl, Akhtar s/o Mohd. Umar has taken extreme step away and consumed poison. It was further argued that the deceased has solemnized the marriage of his daughter with the applicant on 09.04.2012 but on account of insufficient dowry, the girl was constantly harassed by all her in-laws. The 161 Cr.P.C. statement of the girl clearly states that on account of dowry, she was maltreated by entire family members. Not only this, her brother-in-law(jeth) has tried to outraged her modesty in the absence of her husband. Thus, it is clear from her 161 Cr.P.C. statement that she was not at all satisfied at her matrimonial house and that was the sole reason which prompted her father to commit suicide.
It is evident from the above fact that the deceased was hyper-sensitive person who could not tolerate the alleged maltreatment to her daughter. But fact remains that the essential ingredients of Section 306 IPC computed with mens rea to commit the offence is completely missing.
Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Keeping in view the relationship of the applicant with the deceased and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant-Meer Hasan, involved in case crime no.106 of 2018, under Section 498A, 323, 306 IPC and Section 3/4 of the Dowry Prohibition Act Police Station-Mansoorpur, District-Muzaffar Nagar be released on bail 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 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.
(ii) 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 IPC.
(iii) 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 IPC.
(iv) 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.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court.
Order Date :- 26.7.2018 Sumit S