HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 51175 of 2019
Applicant :- Krishna Murari
Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Sengar,S Sengar
Counsel for Opposite Party :- G.A.,Avdhesh Narayan Tiwari,Kamal Singh
Heard learned counsel for the applicant, Sri Avdhesh Narayan and Sri Kamal Singh, learned counsels for the informant and learned A.G.A. for the State.
It has been submitted that the applicant is the husband of the deceased. He is in jail since 11.08.2018. He has no other criminal history. Cause of death of the deceased has been found by the doctor asphyxia as a result of ante mortem hanging. There are two injuries found one on left arm and other on right wrist. There is no other injury on any vital part of the deceased suggestive of murder.
Learned AGA and learned counsel for the informant have vehemently opposed the prayer for bail. Sri Avdhesh Narayan, learned counsel for the informant has stated that the marriage of the victim was solmenized in the year 2014 and the incident took place in the year 2018. Therefore, burden is on the applicant to explain his conduct whereby the deceased died. He has further submitted that two injuries on the body of the victim proved that she was subjected to violence prior to her hanging. He has further submitted that the applicant is not entitled to be released on bail since the victim died within seven years of her marriage.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Krishna Murari involved in Case Crime No.25 of 2018, under Sections 498A, 304B IPC and 3/4 of the D.P. Act, 1961, Police Station Churkhi, District- Jalaun be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.
(v) 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.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Keeping in view all the facts of the case, the Trial Court is directed to conclude and decide the trial within a period of six months from the date of production of certified copy of this order.
Order Date :- 28.1.2020/SS