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Jaisen vs State Of U.P. on 13 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 14

Case :- BAIL No. – 9929 of 2018

Applicant :- Jaisen

Opposite Party :- State Of U.P.

Counsel for Applicant :- Kaushal Kishore Tewari,Abhishek Dwivedi,Brij Mohan Sahai,Mahendra Pratap Singh

Counsel for Opposite Party :- G.A.,Ambuj Kumar Singh

Hon’ble Anant Kumar,J.

Heard learned counsel for the applicant, learned A.G.A. for the State as well as Mr. Ambuj Kumar Singh learned counsel for the complainant and perused the record.

The present bail application has been filed by the applicant in Case Crime No.0132 of 2018, under Sections 498A, Section304B IPC Section 3/4 D.P. Act, Police Station Banthara, District Lucknow.

As per version of F.I.R. marriage of the deceased had taken place with the applicant on 10.03.2015. In the F.I.R. itself it is mentioned that the deceased was married with the applicant with her own free will. However, it is stated that after marriage relations were strained as the applicant was pressurizing the deceased for transferring the entire property to his name and due to non fulfillment of the said demand, she was given threat of life due to which she committed suicide by hanging on 13.05.2018 in the night. F.I.R. was lodged by the uncle of the deceased.

It is submitted by learned counsel for the applicant that infact deceased was the only issue of her parents. Father of the deceased had died and after sometime her mother also died due to which she was under depression and out of frustration and depression she committed suicide. It is also submitted by learned counsel for the applicant that as per post mortem report except ligature mark which was interrupted by 0.3 C.M., no other injury was found on the body of the deceased. As per post mortem report to negate the possibility of poison, viscera was preserved. Today on the basis of instruction learned A.G.A. has stated that as per viscera report no poison was found.

Opposing the bail, learned A.G.A. as well as learned counsel for the complainant have stated that deceased was the only issue of her parents and applicant was constantly pressurizing her to transfer her property in the name of applicant and due to non fulfillment of the said demand she was pressurized and this fact has been corroborated.

However, looking to the entire facts and circumstances of the case that deceased has died due to the hanging which was interrupted by 0.3 C.M., there was no poison found in the Viscera Report and except ligature mark, no other injury was found, it appears to be a case of suicide. Applicant is in jail since 14th May, 2019.

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 (Jaisen) 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 :- 13.8.2019

ML/-

 

 

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