Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.
The present third bail application has been filed by the applicant in Case Crime No.43 of 2017,, under Sections 498-A, 304-B of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Aalapur, District Ambedkar Nagar with the prayer to enlarge him on bail.
Learned counsel for the applicant has submitted that marriage of the applicant was solemnized with the deceased on 24.05.2013 and he was enjoying his matrimonial life and on the date of incident the deceased committed suicide. The information was given to the family members of the deceased and the inquest of the body of the deceased was conducted and it was alleged that the deceased was killed and later on, she was hanged, the postmortem of the body of the deceased was also conducted and the cause of death is shown asphyxia as a result of ante mortem hanging. Learned counsel for the applicant submitted that on the basis of statement of the family members of the deceased the chargesheet was filed and he also submitted that the statement of one Malhu Pal was also recorded in which, he stated that the deceased was never victimised in relation to demand of dowry and general allegations have been levelled and he also submitted that all the family members were roped in the FIR and later on, chargesheet was filed only against the applicant because of he is husband of the deceased and the trial is pending, the same is not going on, the applicant is in jail since 25.05.2017. Learned counsel has also submitted that applicant is having a girl child, aged about 5 years residing with the family members of the applicant. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that deceased died within seven years of her marriage and he does not dispute the fact that as per the postmortem report, cause of death is shown asphyxia as a result of ante mortem hanging and the trial is pending since 2017.
Considering the rival submissions of learned counsel for parties, material available on record, statement of witnesses, postmortem as well as totality of fact and circumstances of the case and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Ratnesh Pal be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Trial Court is directed to conclude the trial expeditiously within a period of one year without giving any unnecessary adjournment to either of the parties.
The Superintendent of Police, Ambedkar Nagar shall ensure the presence of witnesses before trial Court for compliance of the direction.
Office is directed to communicate this order to the trial Court as well as authority concerned for necessary compliance.
Order Date :- 13.8.2021 Mohit