Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28527 of 2021 Applicant :- Ram Vir Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Sheo Ram Singh,Shashank Shekhar,Vinod Prakash Srivastava (Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Shashank Shekhar, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A. for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Ram Vir Singh, seeking enlargement on bail during trial in connection with Case Crime No.267 of 2020, under Sections 147, 498-A, 304-B, 302, 307 I.P.C. and 3/4 Dowry Prohibition Act, registered at Police Station Malpura, District Agra.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is the father-in-law of the deceased Gunjan @ Khushbu and grand-father of the children. In the present matter although the wife of Virendra Singh @ V.K, the son of the applicant and three year old daughter are the deceased who have received incised wounds and even one year daughter is an injured who has also received incised wound but from the perusal of medical examination report of one year old daughter, copy of which is annexed on page 24 of the affidavit, it is evident that she has been brought to the hospital by her two uncles (Tau of the husband) and it was stated to the doctor that she has received injury by assault by the father of the injured. It is further argued that the son of the applicant who is the husband of the deceased Gunjan @ Khushbu and father of the two girls is in jail and on his pointing out, a knife which is said to have been used in the incident has been recovered which is the weapon of assault. There are general and omnibus allegations against all the accused persons and the role of the applicant being the father of Virendra Singh @ V.K. is distinguishable with that of his son namely Virendra Singh @ V.K. The story regarding demand of dowry is a concocted story as the deceased Gunjan @ Khushbu and Virendra Singh @ V.K were in relationship with each other and their marriage was a love marriage. It is further argued that even they had filed Writ-C No.15977 of 2015 (Smt. Gunjan Sisodiya and another Vs. State of U.P. and four others) for a direction to the respondents therein not to interfere in the peaceful matrimonial life which was disposed of by an order dated 26.03.2015 whereby a direction was issued that no person shall interfere in the peaceful living of the petitioners, copy of the said order is annexed as annexure no.2 to the affidavit. The applicant has not been assigned any specific role and there is no overt act assigned to him. It is further argued that the son of the applicant Virendra Singh @ V.K is already in jail who is the husband of one of the deceased namely Gunjan @ Khushbu and father of another deceased namely Suryanshi who was three years old and also the father of injured namely Ananya aged about one year. It is further argued that the family of son of the applicant Virendra @ V.K, his wife and two daughters were living separately from the other family members in a separate house, the said fact is mentioned in para 26 of the ffidavit. It has also been pointed out that the applicant is not having any criminal history as stated in para 25 of the affidavit and is in jail since 5.8.2020.
Per contra learned A.G.A. has opposed the prayer for bail and argued that the applicant is the father of co-accused Virendra Singh @ V.K who was the husband of deceased Gunjan @ Khushbu and father of another deceased who was three years old and also the father of injured namely Ananya aged about one year. The applicant is involved in one another case which is under the Electricity Act. The applicant being head of the family was responsible for setting things right in the family, as such the prayer for bail be rejected.
After hearing the counsel for the parties and perusing the record, it is apparent that the applicant is the father of co-accused Virendra @ V.K who is in jail and is the husband of deceased Gunjan @ Khushbu and father of two daughters amongst whom one is the deceased and the other is the injured whose medico legal report annexed on page 23 states that she has sustained injury by her father.
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 Vir Singh, 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.
(Samit Gopal, J.) Order Date :- 12.8.2021 Gaurav