Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35907 of 2018 Applicant :- Parashuram And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhakar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants, learned AGA and perused the record.
Perusal of the record reveals that FIR was registered on 09.05.2018 by one Sunil Kumar Verma, implicating as many as eight persons, including two unknown persons, as accused. The marriage of the victim with the son of the applicants on 29.04.2017. It has been mentioned therein that Parashuram, his mother (ladke ki mata), his sister namely Shivani, brothers Vinod Kumar and Dharmendra, sister-in-law (Jethani) namely Suman and the other sister-in-law (Jethani) after jointly eliminating the victim, her carcass was hung from the ceiling fan by them. It is also alleged therein that the victim was done to death for non fulfilment of additional demand of dowry. Post mortem examination report of the deceased reveals that there was ante mortem injury of a ligature mark 2.5 cm x 2 cm present all around the neck, non contusion obliquely upward above thyroid cartilage between chin and larynx, 6 cm below right ear, 4.5 cm below chin and 5 cm below left ear. Cause of death was found to be asphyxia due to ante mortem hanging.
Contention raised at the Bar that the applicants have been falsely implicated in the present case. It has been further submitted that applicants are senior citizen and it is unlikely that they would be beneficiary by the alleged demand of additional dowry. Moreover, by making general and omnibus allegations, the entire family of the husband of the deceased has been implicated in the instant case whereas prior to this incident no complaint was ever made by the victim to her parents. Lastly it has been urged that the applicants are suffering incarceration in jail since 21.05.2018 without having any criminal antecedent to their credit.
Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicants.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, this Court is of the view that the applicants have made out a case for bail.
Let the applicants Parashuram and Smt. Suman, involved in Case Crime No. 148 of 2018, under sections 498-A, 304-B IPC and 3/4 of the Dowry Prohibition Act, P.S. Ramchandra Mission, District Shahjahanpur 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 APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT THEY 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 APPLICANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH THEIR COUNSEL. IN CASE OF THEIR ABSENCE , WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST THEM UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANTS MISUSE THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE THEIR PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANTS FAIL TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST THEM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANTS 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 APPLICANTS ARE 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 THEM 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 APPLICANTS.
However, it is made clear that any wilful violation of above conditions by the applicants, shall have serious repercussion on their bail so granted by this court.
Order Date :- 25.9.2018 shailesh