Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29183 of 2021 Applicant :- Ram Bahadur Opposite Party :- State of U.P.
Counsel for Applicant :- Yogesh Chandra Yadav,Prem Prakash Yadav Counsel for Opposite Party :- G.A.,Ravindra Singh
Hon'ble Samit Gopal,J.
Heard Sri Prem Prakash Yadav, learned counsel for the applicant, Sri Ravindra Singh, learned counsel for the first informant and Sri S.B. Maurya, 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 Bahadur, seeking enlargement on bail during trial in connection with Case Crime No. 41 of 2021, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, registered at Police Station Jafarganj, District Fatehpur.
Learned counsel for the applicant argued that the applicant is the father-in-law of the deceased. It is argued that the marriage of Ashok Kumar the son of the applicant was solemnized with the deceased on 01.01.2017 and the deceased committed suicide by consuming poison. It is argued that general and omnibus allegations have been levelled against all the accused persons. It is argued while placing annexure 6 to the affidavit being admission/discharge record of Rama Devi Medical Centre Pvt. Ltd., Kanpur that the deceased was admitted in the hospital on 09.05.2021 at 05:45 PM by her husband and was under treatment after which she died on the same day at about 11:45 P.M. It is argued that the applicant is aged about 70 years as stated in para 17 of the affidavit. The husband of the deceased is in jail. There is no injury found by the doctor conducting the postmortem examination. He further argued that the applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 29.05.2021.
Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and argued that the applicant is named in the First Information Report and there are allegations against him. It is argued that the cause of death of the deceased could not be ascertained and the viscera has been preserved and the viscera report is still awaited. It is argued that the applicant and other family members are involved in the present matter and there are allegations against them for demand of dowry and torture of the deceased.
After having heard learned counsels for the parties and perusing the records, it is apparent that the applicant is the father-in-law of the deceased. He is aged about 70 years. The husband of the deceased admitted her in the hospital where she remained alive six hours for treatment. There is no bodily injury found on the body of the deceased.
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 Bahadur, 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 M. ARIF (Samit Gopal, J.)