The High Court granted bail to the applicant, who was arrested in a dowry death case under Sections 498-A and 304-B IPC and Dowry Prohibition Act, imposing strict conditions regarding court attendance and trial conduct.
Release on bail with personal bond and two sureties subject to strict conditions for court attendance and trial participation.
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Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31081 of 2018
Applicant :- Sateesh Opposite Party :- State Of U.P. Counsel for Applicant :- Mata Pher Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in case crime no.634 of 2017, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, Police Station-Farah, District-Mathura is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the FIR was lodged by the father of the deceased against the applicant and two other co-accused persons. As per FIR, the marriage of son of the applicant was solemnized with the daughter of the complainant four years back in which sufficient dowry was provided but the members of her matrimonial house were not satisfied with the said dowry. They used to demand Rs.50,000/- as an additional dowry from the deceased and on account of it, the deceased was being tortured continuously till her death. The applicant is the father-in-law of the deceased. General and omnibus role has been attributed to all the family members of the husband who is languishing in jail. As per post mortem report, the cause of death is Asphyxia as a result of ante mortem hanging. There is only one ligature mark over the neck of the deceased. There is no dying declaration. Learned counsel has drawn the attention of the Court to Annexure No. 6 in which deceased's mother and brother themselves have stated that deceased has committed suicide by hanging herself. The applicant is in jail since 05.05.2018, having no criminal antecedents to his credit.
Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, 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- Sateesh , involved in case crime no.634 of 2017, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, Police Station-Farah, District-Mathura be released on bail 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 APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE 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.
(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 IPC.
(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., MAY BE ISSUED AND IF 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 IPC.
(iv) THE APPLICANT 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 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.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court.
Order Date :- 23.8.2018 Sumit S
2 issues framed by the court
Whether the applicant is entitled to bail during trial in a case under Sections 498-A IPC, 304-B IPC and Dowry Prohibition Act involving death by hanging.
Whether the applicant made out a case for bail in light of the nature of offence and evidence.
Sateesh
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
