Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23350 of 2019 Applicant :- Sushil Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Ankit Saran Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Ankit Saran, learned counsel for the applicant and Mr. Amit Singh Chauhan, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Sushil Kumar with a prayer to enlarge him on bail in Case Crime No. 161 of 2018, under Sections 498-A, 304-B I.P.C. and Sections 3/4 D.P. Act, Police Station-Jaithara, District-Etah, during the pendency of the trial.
It has been argued by learned counsel for the applicant that though the applicant is the husband of the deceased but he is innocent. As per the allegations made in the first information report, due to non- fulfilment of the demand of dowry, the deceased was harassed continuously by the applicant and his family members due to which she committed suicide by hanging herself. It has further been argued by the learned counsel for the applicant that as per the medical examination report, the cause of death of the deceased is Asphyxia as a result of ante-mortem injury. Apart from the ligature mark, no internal or external injury was found on the body of the deceased. It has further been argued by the learned counsel for the applicant that the deceased was a short tempered lady, who was always indulged into tiff with the applicant for one or the other reasons. The things worsened when the applicant shifted to New Delhi to meet up the livelihood of his family leaving her behind and due to depression she has taken the extreme step to commit suicide by hanging herself. Learned counsel for the applicant has drawn the attention of the Court to the Panchayatnama of the deceased which is at page 26 of the paper book, wherein Durgesh Yadav, Tehsildar/Magistrate under whose supervision the panchayat nama was conducted, has reported that he went to the place of incident and found that the door of the room, wherein the deceased had committed suicide by hanging herself, was locked from inside, which goes to show that the the applicant is not involved in murder of the deceased. Only vague and omnibus allegations have been made against the applicant in the first information report regarding the demand of dowry. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 3rd May, 2018.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall file an undertaking to the effect that he 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 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 Cr.P.C. 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 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.
(Manju Rani Chauhan, J.) Order Date :- 4.6.2019 Sushil/-