Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8528 of 2021 Applicant :- Sushant Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Kamal Krishna, learned Senior Advocate assisted by Sri Vivek Kumar Singh, learned counsel for the applicant and Sri V.B. Upadhyay, 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 applicant- Sushant Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 180 of 2020, under Sections 498-A, 304-B I.P.C. & 3/4 Dowry Prohibition Act, registered at Police Station Nevadhiya, District Jaunpur.
Learned Senior Counsel argued that although the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is argued that the allegations of demand of Rs. 51,000/- and a scooty which was previously assured is false and baseless. It is argued while placing paragraph 16 of the affidavit that the applicant himself is the registered owner of two motor-bikes and had also purchased a scooty on loan for which he is paying an EMI. It is further argued that relationship between the applicant and his wife were cordial as is evident from the fact that a male child was born from their wedlock. It is further argued that the deceased committed suicide and died which is suggestive of the postmortem report which shows that there is only one ligature mark on her body and there is no other mark of injury and the doctor conducting the postmortem examination has opined the cause of death as Asphyxia due to antemortem hanging. Learned Senior Counsel has further placed paragraph 12 of the affidavit and Annexure-7 referred to therein and argued that the deceased had run away from her matrimonial house on 25.02.2019 for which an application dated 25.02.2019 was given by the applicant at the police station which was received there on the same day at 19:00 hrs in which it was mentioned that she has run away with some unknown person and was seen running away by certain persons of the village. It is argued that the victim was then located and brought back to the house but as she was in a love affair with someone and even had contact with many other persons as has been stated in the said application, she was feeling uncomfortable in the matrimonial house and committed suicide. It is argued that co-accused Bachchan Yadav who is the father-in-law of the deceased has been granted bail by a co-ordinate Bench of this Court vide order dated 15.12.2020 passed in Criminal Misc. Bail Application No. 45061 of 2020 (Bachchan Yadav vs. State of U.P.). The said fact is mentioned in paragraph 27 of the affidavit although the order has not been annexed with the bail application.
It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been pointed out that the applicant is not having any criminal history as stated in para 25 of the affidavit and he is in jail since 22.10.2020 and there is no likelihood of early conclusion of trial and hence, the applicant may be released on bail during pendency of trial.
Learned A.G.A. has opposed the prayer for bail and argued that the applicant is the husband of the deceased, death of the deceased has occurred within seven years of marriage in her matrimonial house which is unnatural but did not dispute the fact that an application was given by the applicant at the police station regarding the deceased running away from the house, the copy of which is annexed as Annexure-7 and further could not dispute the fact regarding the cause of death and the injury as noted in the postmortem report.
After having heard the learned counsel for the parties and perusing the record, it is apparent that the deceased had previously run away from the house with some other person and was also having relationship with other persons for which an application dated 25.02.2019 was given by the applicant at the police station. The cause of death has been opined as antemortem hanging and there is only one ligature mark present on the body of the deceased.
Looking to the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial 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 applicant may be enlarged on bail.
Let the applicant- Sushant Yadav, 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 applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant 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 applicant shall file an undertaking to the effect that he 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 applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if 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 I.P.C.
(v) The applicant 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 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 and the trial court may proceed against him 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 applicant.
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 applicant 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 :- 27.7.2021 AS Rathore (Samit Gopal,J.)