Allowed

Nathu Ram v. State of U.P.

Allahabad HC5 Oct 2020BAIL/27083/2020

Case brief

AI extract

What is this about?

This bail application was filed by Nathu Ram, the father-in-law of the deceased, facing charges under Sections 498A and 304B IPC. The High Court granted bail subject to specific conditions to prevent tampering with evidence and ensure attendance in trial.

What did the court decide?

Release on bail by furnishing a personal bond and two local sureties of similar amounts, subject to conditions regarding appearance and non-intimidation of witnesses.

Nathu Ram Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2020)

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Court No. - 36

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27083 of 2020

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Applicant :- Nathu Ram Opposite Party :- State of U.P. Counsel for Applicant :- Yadvendra Singh Counsel for Opposite Party :- G.A

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Sri Yadvendra Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed by the applicant (father-in-law) with a prayer to enlarge him on bail in Case Crime No.359 of 2019, under Sections 498A, 304B I.P.C. and 3/4 of Dowry Prohibition Act, Police Station-Soron, District Kasganj.

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Learned counsel for the applicant argued that there is no dispute regarding cause of death of the deceased (Kamlesh). Death was caused due to Aluminum Phosphate which has been reported in viscera report. The marriage was solemnized with Tejendra Singh on 27.10.2017. No external injury was found on the body of the deceased as per postmortem report. The named accused-Sugad Singh and Smt. Rajkumari (Jeth & Jethani) have not been chargesheeted in the present case. General allegation has been levelled against the applicant; he has no specific role in the case; he has not reported criminal antecedent. The applicant is languishing in jail since 14.05.2020 and, in case, he is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. has vehemently opposed the bail prayer of the applicant and submitted that the applicant is father-in-law of the deceased.

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Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties, nature of allegation, statement of victim , without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Nathu Ram (father-in-law) involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not

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pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.

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(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.

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(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.

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(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.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.

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Order Date :- 5.10.2020 OP

Nathu Ram v. State of U.P.

Case brief

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Nathu Ram v. State of U.P.

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