Heard Sri Sanjeev Kumar Trivedi, learned counsel for the applicant and Ms Babita learned brief holder 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- Waseem Alias Saheem, seeking enlargement on bail during trial in connection with Case Crime No. 857 of 2018, under Sections 498-A, 306 I.P.C. & 3/4 D.P. Act, registered at Police Station Kotwali Kannauj, District Kannauj.
Learned counsel for the applicant argued that though the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is argued that the conduct of the family members of the applicant is above-board as immediately after the commission of suicide by the deceased an information was given by the mother-in-law to the police station that her daughter-in-law has committed suicide by hanging herself by a fan and the door is locked from inside. It is further mentioned in the same that persons of the area came and they had forcibly opened the door and then it was found that she had hung herself from a rope, she was not breathing and is found dead. Learned counsel has argued that the marriage of the applicant with the deceased was solemnized on 24.04.2011 and the incident in the present matter is of 01.12.2018. It is argued that ingredients of Section 306 I.P.C. are conspicuously missing as there is no evidence whatsoever coming forward regarding any abetment, instigation or aiding by the applicant for the deceased to commit suicide. It is argued that the postmortem report of the deceased shows that there is only one ligature mark on her body and there is no other bodily injury present which is also suggestive of the facts that the present case is a case of suicide and the doctor has opined the cause of death as Asphyxia due to antemortem hanging. It is argued that since the present case is under Section 306 I.P.C. and the necessary ingredients of the said offence are missing coupled with the fact that the mother of the applicant had at the very first instance, on coming to know about the deceased committing suicide, informed the police about the same by giving an application to them, hence the implication of the applicant is false.
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 15 of the affidavit and he is in jail since 06.12.2018 and there is no likelihood of early conclusion of trial and hence, the applicant may be released on bail during pendency of trial.
Learned brief holder for the State has opposed the prayer for bail and argued that the applicant is the husband of the deceased and the deceased died in her matrimonial house due to the demand of dowry from her and her family members. It is argued that the same was the reason for her to commit suicide.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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- Waseem Alias Saheem, 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 :- 12.2.2021 AS Rathore (Samit Gopal,J.)