Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49275 of 2021 Applicant :- Suresh Opposite Party :- State of U.P.
Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.,Mahendra Singh Connected with Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51531 of 2021 Applicant :- Shailendra @ Shaifu Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.,Mahendra Singh
Hon'ble Rajeev Misra,J.
Heard Mr. Bharat Singh, learned counsel for applicants, learned A.G.A. for State and Mr. Mahendra Singh, learned counsel for first informant.
Criminal Misc. Bail Application No. 49275 of 2021 (Suresh Vs. State of U.P.) came up for orders on 10.12.2021 and this Court passed following order:-
"Heard Mr. Bharat Singh, learned counsel for applicant, learned A.G.A. for State and Mr. Mahendra Singh, learned counsel representing first informant.
Counsel for the parties jointly submits that Criminal Misc. Bail Application No.51532 of 2021 (Shailendra alias Shaifu Vs. State of U.P.) of co-accused is already pending before this Court.
In view of above, connect Criminal Misc. Bail Application No.51532 of 2021 (Shailendra alias Shaifu Vs. State of U.P.) with present bail application.
Accordingly, matter shall re-appear as fresh on 17.12.2021 along with connected matter."
Pursuant to above order dated 10.12.2021, both the bail applications have been placed before this Court. Criminal Misc. Bail Application No. 49275 of 2021 has been filed by Suresh, whereas Criminal Misc. Bail Application No. 51531 of 2021 has been filed by co-accused Shailendra alias Shaifu seeking their enlargement on bail in Case Crime No. 320 of 2021, under Section 306 I.P.C., P.S. Bisauli, District Budaun during pendency of trail.
Records shows that marriage of Shailendra alias Shaikhu was solemnized with Urmila on 04.07.2010 in accordance with Hindu Rites and Customs. From the aforesaid wedlock three children were born. However, one of the children died. On date, two children namely Ankit aged about 7 years and Debanshu aged about 4 years are surviving. Just after expiry of a period of 11 years from the date of marriage of applicant Shailendra alias Shaifu, an unfortunate incident occurred on 08.07.2021, in which wife of applicant Shailendra alias Shaifu namely Urmia died as she committed suicide. Subsequent to above, inquest of the body of deceased was conducted on 09.07.2021. In the opinion of panch witnesses, death of deceased was categorized as suicidal. However, panch witnesses concluded that in order to ascertain the exact cause of death of deceased, post mortem is necessary. Post-mortem of the body of the deceased was thereafter conducted on 09.07.2021. In the opinion of Autopsy Surgeon, the cause of death of deceased was asphyxia as a result of ante mortem injuries. The Autopsy Surgeon found following ante mortem injuries on the body of the deceased:-
(1) Ligature mark size 30 cm x around the neck, 03 below right ear, 04 cm front of c 03 cm below left ear. Gap 05 cm back side of ...
On Dissection:-
Subcutaneous tissue underneath Ligature mark is white and low glistening.
First informant Mulayam Singh, father of deceased after expiry of certain period from the date of occurrence submitted an application under Section 156 (3) Cr. P. C. before concerned Magistrate. During pendency of aforesaid application, F.I.R. dated 07.08.2021 was lodged by first informant and was registered as Case Crime No. 320 of 2021, under Sections 304B, 498-A I.P.C and Sections 3/4 Dowry Prohibition Act, P.S. Bisauli, District Budaun. In the aforesaid F.I.R. six persons namely Shailendra (husband), Lokpal, jeth (elder brother-in- law), Suresh (father-in-law), Pajawi (cousin father-in-law), Reena, jethani (sister-in-law) and Mahendwati (grand mother- in-law) of the deceased were nominated as named accused.
Police upon completion of statutory investigation of aforesaid Case Crime Number in terms of Chapter XII Cr. P. C. submitted charge sheet dated 25.09.2021, whereby two of the named accused i.e. Suresh and Shailendra alias Shaifu, (applicants herein) have been charge sheeted under Section 306 IPC. Rest of the named accused have been exculpated.
Learned counsel for applicants contends that applicants are innocent. They have been falsely implicated in above mentioned case crime number. Allegations made in the F.I.R. are false and concocted. Applicants are in jail since 24.9.2021. Applicants have clean criminal antecedents as they have no criminal history to their credit. In case applicants are enlarged on bail, they shall not misuse the liberty of bail and shall co- operate with the trial.
Learned counsel for applicants next contends that deceased was a short tempered lady and has taken the extreme step of committing suicide by hanging herself. He has then invited attention of the Court to the post report of the deceased and on basis thereof he submits that except for ligature mark, no other external or internal ante mortem injury was found on the body of the deceased. On the aforesaid premise, he thus submits that applicants cannot be said to have caused the death of deceased. It is next submitted that upto this stage, there is no material to show abetment, instigation or conspiracy either against applicants. Allegations made in F.I.R. regarding demand of dowry are general and omnibus allegations.
Learned counsel for applicants further submits that elder daughter of first informant was initially married to applicant. From the said wedlock, three children were born. However, she died. Subsequently, second daughter of first informant was married to applicant. There is nothing on record to show that criminal/civil proceedings were initiated by first informant against applicants for committing physical and mental cruelty upon deceased on account of non fulfilment of demand of dowry.
It is lastly submitted that applicant Shailendra alias Shaiful himself is the father of two minor children, whereas applicant Suresh is the grand father. In the aforesaid circumstances, there was no occasion for present applicants, who are father and grand father of the minor children to commit the crime in question. It is thus urged that no motive can be attached to the present applicants in the commission of alleged crime. On the cumulative strength of aforesaid, learned counsel for applicants contends that applicants are liable to be enlarged on bail.
Per contra, learned A.G.A. and Mr. Mahendra Singh, learned counsel for first informant have opposed the prayer for bail. However, they could not dispute the factual and legal submission urged by learned counsel for applicants.
Having heard learned counsel for applicant, learned A.G.A. for state, Mr. Mahendra Singh, learned counsel for first informant, upon perusal of material brought on record, nature of offence, evidence, complicity of the accused and accusation made, but without expressing any opinion on merits of the case, I am of the view that applicants have made out a case for bail. Accordingly, bail applications are allowed.
Let the applicants Suresh and Shailendra alias Shaifu involved in aforesaid case crime number, be released on bail on their furnishing a personal bond with 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 shall file an undertaking to the effect that they will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicants shall 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) 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. is issued and the 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 of the Indian Penal Code.
(iv) The applicants 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 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 21.12.2021 HSM