Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24715 of 2021 Applicant :- Rameshwar Dayal And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Jitendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Jitendra Kumar Yadav, learned counsel for the applicants and Sri B.B. Upadhyay, learned AGA for the State and perused the material on record.
These bail applications under Section 439 of Code of Criminal Procedure have been filed by the applicants Rameshwar Dayal and Smt. Nanhi Devi seeking enlargement on bail during trial in connection with Case Crime No. 902 of 2020, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, registered at P.S. Pooranpur, District Pilibhit.
Learned counsel for the applicants argued that the applicants have been falsely implicated in the present case. It is argued that the applicants are father-in-law and mother-in-law respectively of the deceased. It is argued that general and omnibus allegations have been levelled against all the accused persons. It is argued that in the postmortem report, the deceased has received single injury which has been stated to be a ligature mark on the body and the cause of death is asphyxia as a result of antimortem hanging. It is further argued that the husband of the deceased has been arrested and is already in jail. It is further argued that the applicants have no criminal history as stated in para 16 of the affidavit and are in jail since 01.01.2021.
Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicants are named in the First Information Report and the death of the deceased has taken place within seven years of marriage in her matrimonial house which is unnatural.
After having heard learned counsels for the parties and perusing the records, it is apparent that the applicants are father-in-law and mother-in-law of the deceased. The cause of death is asphyxia due to hanging.
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 applicants may be enlarged on bail.
Let the applicants Rameshwar Dayal and Smt. Nanhi Devi, 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 applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicants 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 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.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever. 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 I.P.C.
(V) 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 and the trial court may proceed against them 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 applicants.
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 applicants to prison.
The bail applications are 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 :- 29.7.2021 M. ARIF (Samit Gopal, J.)