Heard Sri Bal Ram Bind, learned counsel for the applicant, Sri Akhilesh Kumar Tripathi, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure which has been filed by the applicant Ram Asare Saroj @ Amritlal @ Banzara, seeking enlargement on bail during trial in connection with Case Crime No. 0082 of 2021, under Sections 323, 436, 306 I.P.C., Police Station Machhali Shahar, District Jaunpur.
Learned counsel for the applicant argued that although the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is argued that the allegation in the First Information Report is that the applicant is accustomed to consuming liquor and there was regular fight between the deceased and the applicant and even a day prior to the incident, the applicant had assaulted his wife who is the deceased, she had received injury and there was fracture on the wrist but the postmortem report of the deceased does not reveal of any such fracture on the wrist. It is argued that later on in the First Information Report, there is an allegation that the applicant in an intoxicated condition set fire the temporary hut structure and due to sudden fights between the deceased and the applicant, she was annoyed and she jumped in the fire and got burnt and died. It is argued while placing the site plan, copy of which is annexed at page 39 that the Investigating Officer has shown the place of occurrence but even in the site plan and the spot inspection has not shown any burnt place therein and as such the allegation that the applicant has set fire the temporary hut structure, is incorrect. It is further argued that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased. The applicant has no mens-rea at all. There is no overt act whatsoever of the applicant which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence. It is further argued that the postmortem examination of the deceased although shows the deceased to be burnt hundred per cent but there is no bodily injury found on her body. He further argued that the applicant has no criminal history as stated in para 15 of the affidavit and is in jail since 29.03.2021.
Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicant is the husband of the deceased and his conduct is very deplorable due to which the deceased committed suicide and he in an intoxicated condition used to assault her and there used to be quarrel between couple.
After having heard learned counsels for the parties and perusing the records, it is evident that the allegation in the First Information Report about the deceased, there was a fracture on the wrist but the doctor could not find any injury in the postmortem report and even the manner to which the deceased died being the applicant setting on fire the hut/temporary structure and the deceased jumping in that also does not find corroboration from the site plan and the spot inspection. There is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased. The applicant has no mens-rea at all. There is no overt act whatsoever of the applicant which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence.
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 Ram Asare Saroj @ Amritlal @ Banzara, 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 :- 18.8.2021 M. ARIF (Samit Gopal, J.)