Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32597 of 2021 Applicant :- Umesh Opposite Party :- State of U.P.
Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Bhuvnesh Kumar Singh, learned counsel for the applicant and Sri Pankaj Mishra, learned counsel 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-Umesh, seeking enlargement on bail during trial in connection with Case Crime No.151 of 2021, under Sections 306, 504, 506 I.P.C., registered at Police Station Afzalgarh, District Bijnor.
Learned counsel for the applicant argued that the applicant is the father of Preeti Rani who is a major girl and had married the deceased Suraj Chauhan in Arya Samaj Mandir. Initially FIR was registered under Sections 306, 511, 504, 506 IPC but during the course of investigation, Section 511 IPC has been deleted. There was dispute between the parties after the deceased had married Preeti Rani and as per the statement of the girl, she although had married the deceased but was not ready to accept him as her husband. The girl was in love with the deceased and they had married each other after which some dispute arose between them and Suraj Chauhan committed suicide. Learned counsel for the applicant 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. The applicant is in jail since 1.6.2021.
Per contra learned counsel for the State opposed the prayer for bail and argued that the girl had married the deceased after being kept in dark for certain things and then on threat, she had married the deceased which has been stated by her in her statement under Section 161 Cr.P.C. The applicant is the father of the girl.
After hearing the counsel for the parties and perusing the record, it is apparent that there had been dispute between Preeti Rani and the deceased after they had solemnized marriage in Arya Samaj Mandir after which the deceased committed suicide. 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.
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-Umesh, 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.
(Samit Gopal, J.) Order Date :- 17.9.2021 Gaurav