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Dheeraj vs State Of U.P on 17 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 14

Case :- BAIL No. – 9785 of 2018

Applicant :- Dheeraj

Opposite Party :- State Of U.P

Counsel for Applicant :- Yuga Raj Singh

Counsel for Opposite Party :- G.A.

Hon’ble Anant Kumar,J.

Rejoinder affidavit filed today is taken on record.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present bail application has been filed by the applicant in Case Crime No.0185 of 2018, under Sections 498A, Section304B/Section302 IPC read with Section 3/4 D.P. Act, Police Station Maholi, District Sitapur.

As per version of F.I.R. marriage of the deceased had taken place with the applicant on 18.06.2013. It is alleged that in-laws were not happy with the given dowry and as additional dowry one motorcycle was demanded and due to non fulfillment of the said demand, she was so tortured that she committed suicide on 29.04.2018. It is submitted by learned counsel for the applicant that infact the deceased was under some depression and out of depression she committed suicide. It is also stated that in the F.I.R. itself it is mentioned that she committed suicide by closing the room, which shows that there was no active participation of the applicant in the occurrence. As per post mortem report there was a ligature mark all around the neck with a gap of 6 C.M.

While opposing the bail, learned A.G.A. has stated that apart from this reasons, there are three other injuries on different parts of the body. However, it is submitted that other injuries are on elbow, right forearm and skull. It is stated that these injuries would have been caused while taking the body down from the rope. Applicant is in jail since 12.06.2018. In the F.I.R. itself it is mentioned that deceased committed suicide.

Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

Let applicant (Dheeraj) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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.

Order Date :- 17.7.2019

ML/-

 

 

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