Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29197 of 2021 Applicant :- Vishnu Opposite Party :- State of U.P. Counsel for Applicant :- Shivasare Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Shivasare Saroj, learned counsel for the applicant, Sri B.B. Upadhyay, 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-Vishnu, seeking enlargement on bail during trial in connection with Case Crime No.47 of 2020, under Section 498-A, 304-B I.P.C. and 3/4 D.P. Act registered at Police Station Armapur, District Kanpur Nagar.
Learned counsel for the applicant argued that although the applicant is the husband of the deceased but has been falsely implicated in the present case. It is argued that the story regarding demand of four wheeler by the applicant and his family members from the deceased is a concocted story. The deceased committed suicide and died as suggestive from the postmortem report wherein the doctor has found a single ligature mark on her body. The cause of death is asphyxia as a result of hanging. The deceased was a patient of depression even prior to marriage and after marriage the applicant was getting her treated for which various prescriptions of treatment and radio logical examination of the deceased have been placed before the Court, copies of the same are annexed as annexure no.8 to the affidavit. It is further argued that even therein the doctor has at the very beginning gave a diagnosis that she was suffering with migraine for which even C.T. Scan of the head of the deceased was done but there was no abnormality detected therein. Since the deceased was having illness and was being provided proper treatment by the applicant and was also subjected to various investigations on the advise of the treating doctor, she used to remain in depression and thus committed suicide. The charge sheet in the present matter has been submitted and the investigation is complete and as such there is no chance of the applicant tempering with the evidence. The deceased was not found to have had any other mark of injury on her body and as such the allegation in the FIR that the deceased was murdered and then she was hung is a false allegation. The story regarding demand of dowry has seen the light of the day for the first time when the present FIR has been registered. The falsity of the present case is also apparent from the fact that Pawan and Manish who are the devar of the deceased have been exonerated by the police. The co-accused who are father-in-law and mother-in-law of the deceased namely Dau Dayal and Smt. Raj Kumari have been granted bail by coordinate Bench of this Court vide orders dated 12.02.2021 passed in Criminal Misc. Bail Application Nos.5238 of 2021 and 5222 of 2021 respectively, copies of the said orders produced by learned counsel for the applicant are taken on record. It has also been pointed out that the applicant is not having any criminal history as stated in para 21 of the affidavit and is in jail since 30.06.2020.
Per contra learned A.G.A. has opposed the prayer for bail and argued that the applicant is the husband of the deceased. The death of the deceased took place after seven months and twenty days of marriage in her matrimonial house and as such the applicant is responsible for the same. It is further argued that there is an allegation of demand of four wheeler as dowry, as such the prayer for bail be rejected.
After hearing the counsel for the parties and perusing the record, it is apparent that the applicant is the husband of the deceased and there is an allegation of demand of dowry by him and his other family members but during the course of investigation, two co-accused persons have been exonerated by the police. The father-in-law and mother-in-law of the deceased have been granted bail by coordinate Bench of this Court. The deceased has not received any other bodily injury and doctor has found only one ligature mark on her body for which cause of death has been opined as asphyxia as a result of hanging. The victim was under treatment of doctor and even various pathological and radiological examinations were done after marriage of the deceased.
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-Vishnu, 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 :- 16.8.2021 Gaurav