Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24759 of 2021 Applicant :- Tilak Singh @ Tilak Veer Opposite Party :- State of U.P.
Counsel for Applicant :- Raj Singh,Nitin Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Nitin Raj Singh, learned counsel for the applicant, Sri B.B. Upadhyay, learned AGA 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 Tilak Singh @ Tilak Veer seeking enlargement on bail during trial in connection with Case Crime No. 43 of 2021, under Sections 306, 323, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Chhatari, District Bulandshahr.
Learned counsel for the applicant 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 as per the First Information Report, the marriage of the applicant with the deceased was solemnized around 7-8 years back and from the wedlock two children aged about 3 years and 2 years were born. It is argued that there is an allegation in the First Information Report that there was a demand of Rs. 1 lakh from the deceased by the accused persons and she used to be beaten by them due to which she committed suicide. It is argued that the postmortem report of the deceased states that the cause of death is asphyxia as a result of hanging and the doctor has found a ligature mark on the body and an abrasion on the left side neck which is not as a result of any other bodily torture as is evident from the postmortem report itself. It is further argued that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased. The applicant has no mens-rea at all. There is no overt act whatsoever of the applicant which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence. He further argued that the applicant has no criminal history as stated in para 24 of the affidavit and is in jail since 10.02.2021.
Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicant is the husband of the deceased and there is an allegation of is being involved in the present matter and due to the torture and abetment, the victim has committed suicide.
After having heard learned counsels for the parties and perusing the records, it is apparent that there is no abetment and instigation of any kind by the applicant.
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 applicant may be enlarged on bail.
Let the applicant Tilak Singh @ Tilak Veer, 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 :- 29.7.2021 M. ARIF (Samit Gopal, J.)