Heard Sri Manoj Kumar Singh, learned counsel for the applicant and learned AGA and perused the record.
Learned counsel for the applicant has contended that the applicant is the father-in-law of the deceased and he has been falsely implicated in this case. The counsel contends that in the FIR general allegations have been leveled against all the accused persons including the applicant. It is contended that the applicant has neither made any demand of dowry either from the deceased or from her family members nor tortured the deceased. It is contended that as per the post-mortem report the cause of death of the deceased is asphyxia due to ante-mortem hanging. It has been pointed out that co-accused, Nargis Jahan (mother-in-law) who has been ascribed a similar role has been enlarged on bail, in Bail No. 4454 of 2020, Nargis Jahan v. State of UP. The applicant has no criminal history and he is languishing in jail since 08.04.2020. The counsel contends that the charge sheet has been filed and there is no possibility of the applicant fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant, Shahid Husain alias Chhakkan, involved in Case Crime No. 77 of 2020. under Sections 498-A, 304-B IPC & 3/4 Dowry Prohibition Act, Police Station Jarval Road, District Bahraich be released on bail on his 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 shall file an undertaking to the effect that he would not seek any adjournment on the dates 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
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 CrPC is issued and the 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 of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 CrPC. 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.
Order Date :- 20.1.2021 Pradeep/-