HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 2
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 5678 of 2020
Applicant :- Gaurav
Opposite Party :- State of U.P.
Counsel for Applicant :- Adesh Kumar
Counsel for Opposite Party :- G.A.
Hon’ble Suneet Kumar,J.
Heard Sri Kamal Krishna, learned Senior Counsel assisted by Sri Adesh Kumar, learned counsel for the applicant, learned Additional Government Advocate and perused the record.
This bail application has been filed on behalf of the applicant involved in Case Crime No. 15 of 2019, under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Ganga Nagar, District Meerut.
As per prosecution case, applicant is husband; marriage is of March 2018; it is alleged that on 13 January 2019, deceased was subjected to death by hanging for demand of dowry.
It is urged that body of the deceased was recovered by the police officials from bathroom in presence of the learned Magistrate, where, she was found hanging; mother-in-law informed the police at 4:48 A.M.; postmortem examination report shows ligature mark present on around the neck; hyoid bone was intact; form of patterned, preserve, abrasion, hard and parchmendised; suicide note recovered from the body of the deceased reflects that it is a case of suicide; handwriting expert report was sought, whereby, it is opined that suicide note was written by the deceased; there is no allegation of dowry or torture; cause of death appears to be frustration; applicant is alleged to be impotent; applicant is languishing in jail since 26.02.2019, having no criminal antecedent and in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned Additional Government Advocate opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant-Gaurav, be released on bail in the above case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(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.
However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 11.2.2020