Single Judge Court granted bail to the applicant, husband of the deceased, in a marital cruelty case alleging forcible death. The court emphasized the nature of accusation and potential witness tampering. Conditions were imposed to ensure presence in court.
Released on bail by furnishing a personal bond of Rs. One lac with two sureties, each in the like amount.
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Court No. - 2
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51932 of 2019
Applicant :- Hirdesh Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
Applicant is the husband of the deceased; allegation is that the marriage is of 10 months, on harassment and torture, the deceased was hanged to death by the applicant and his family members.
It is urged that the applicant is an innocent person and has been falsely implicated in the instant case; postmortem report shows ligature mark injury in the neck, hyoid bone is intact; during trial P.W.-1, P.W.-2 and P.W.-3 (mother, father and brother of the deceased) have turned hostile and not supported the prosecution version; it is further urged that it is a case suicide; hence the applicant is entitled to be enlarged on bail; the applicant having no other reported criminal antecedent is languishing in jail since 3.4.2019.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant- Hirdesh involved in Case Crime No. 258 of 2018, under Sections 498-A, 304-B, 323, 506 I.P.C. and 3/4 of D.P. Act, Police Station Sikandrarau, District Hathras be released on bail on his furnishing a personal bond of Rs. One lac with two sureties (one should be of his family members) each in the like amount to the satisfaction of the court concerned with the 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 :- 28.1.2020 S.Prakash
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a case alleging torture leading to the death of his wife.
5 provisions across 2 enactments
Hirdesh
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
