HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 16

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 8453 of 2020

Applicant :- Punwasi And Another

Opposite Party :- State of U.P.

Counsel for Applicant :- Shahroze Khan

Counsel for Opposite Party :- G.A.

Hon’ble Samit Gopal,J.

Supplementary affidavit filed today is taken on record.

Heard Sri Shahroze Khan, learned counsel for the applicants, learned A.G.A. and perused the material on record.

This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants Punwasi and Smt. Mau seeking enlargement on bail during trial in connection with Case Crime No. 47 of 2019, under Sections 498A, 504, 307, 302 I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at P.S. Trilokpur, District Siddharth Nagar.

Learned counsel for the applicants argued that the applicant no. 1 is the father-in-law and the applicant no. 2 is the mother-in-law of the victim Smt. Saloni. The incident is alleged to have taken place on 14.6.2019 and death of Smt. Saloni occurred while being under treatment on 8.8.2019. The deceased was taken to her paternal house where she died, subsequently. It is argued that in her statement recorded under Section 161 Cr.P.C., Annexure-3 to the affidavit, she has stated that her husband Ram Raj burnt her. The charge sheet in the present matter has been submitted against the applicants and Ram Raj, husband of the deceased. So far as the applicants are concerned, a charge sheet has been submitted against them only Section 498A, 504 IPC and 3/4 of Dowry Prohibition Act whereas against the husband of the deceased, the same was submitted under Section 498A, 504, 307 IPC and 3/4 Dowry Prohibition Act. It is further argued that a dying declaration of Smt. Saloni is alleged to have been recorded. The same was extracted in the case diary and copy of which has been annexed as Annexure SA-1 to the supplementary affidavit. In the dying declaration, the victim has specifically stated to a question being put there that her husband Ram Raj put her on fire. Later on, another question was asked to her as to how many persons were instrumental in burning her to which she stated that the applicants, her Jeth and Jethani tied her hands. It is, thus, argued that the said question was intentionally asked to the victim and appears to be a mischief during the investigation. The applicants are old and infirm persons as mentioned in paragraph 41 of the affidavit. The role of the applicants are distinguishable with that of Ram Raj, husband of the deceased who has been assigned the specific role of setting fire in the dying declaration.

Per contra, learned AGA opposes the bail.

Considering the totality of the case in particular, nature of evidence available on record, without further any comments on merit, I am inclined to release the applicant on bail.

Let the applicants Punwasi and Smt. Mau, 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 applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

ii) The applicants 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 applicants shall file an undertaking to the effect that they 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 applicants will not misuse the liberty of bail in any manner whatsoever. In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under section 82 Cr.P.C., may be issued and if applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under section 174-A I.P.C.

(V) The applicants 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 applicants 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 them in accordance with law and the trial court may proceed against them 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 applicants.

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 applicants to prison.

The bail application is allowed.

Order Date :- 4.3.2020

AKK

(Samit Gopal,J.)