Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21540 of 2021 Applicant :- Shakeel And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Mrityunjay Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Matter taken up through video conferencing.
Heard Sri Mrityunjay Dwivedi, learned counsel for the applicants, Sri Virendra Kumar Maurya, 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 applicants Shakeel and Jameel@Gabbar, seeking enlargement on bail during trial in connection with Case Crime No. 0212 of 2021, under Sections 498A, 304B, 504 I.P.C. and 3/4 D.P. Act, registered at P.S. Delhi Gate, District- Aligarh.
Learned counsel for the applicants argued that the applicant no.1 is jeth and the applicant no. 2 is devar of the deceased. It is argued that incident in the present case is alleged to have taken place on 21.3.2021 at matrimonial house of the deceased. It is argued that on the date of incident pre-wedding ceremony of the applicant no.2 was solemnized and after ceremony had ended the guests were stated to have stayed in the room of the deceased and her husband as a result of which she got annoyed and went to another room and committed suicide. It is argued that the post mortem examination report of the deceased, copy of which is annexure no. 2 to the affidavit filed in support of bail application, states the cause of death is asphyxia as a result of ante mortem hanging and there is only one ligature mark without any other injury present on her person. It is argued that the same is suggestive of commission of suicide. It is further argued that the husband of the deceased namely Gulfan is in jail.
It is argued that general and omnibus allegations have been levelled against all accused persons being eight in numbers and the entire family members have been arrayed as accused in the F.I.R. It is argued that the conduct from the side of husband and his family members is above board as is apparent from the F.I.R. itself where it has been stated that the dead body of the deceased was sent for post mortem examination which goes to show that prior to lodging of the F.I.R. police was informed and body was sent for post mortem examination. It is argued that looking to the fact that the applicants are the brothers of the husband of the deceased, their role is distinguishable with that of co-accused Gulfan, who is husband. It is argued that the applicants have no other criminal antecedents as stated in para- 12 of the affidavit and are in jail since 22.3.2020.
Per contra, learned A.G.A. opposed the prayer for bail and argued that the applicants are named in the F.I.R. who are brothers of the husband of the deceased. It is argued that death of the deceased has taken place after five months and five days of her 'nikah' in her matrimonial house which is unnatural. It is argued that the prayer for bail be rejected.
After having heard learned counsel for the parties and perusing the record, it is apparent that the applicants are brothers of the husband of the deceased who is in jail, the deceased has not received any other bodily injury except for the ligature mark which is cause of death.
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- Shakeel and Jameel@Gabbar, be released on bail in the aforesaid case crime number on their 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 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 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 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 :- 27.5.2021 Naresh Digitally signed by Justice Samit Gopal Date: 2021.05.28 13:28:31 IST Reason: Document Owner Location: High Court of Judicature at Allahabad