Allowed

Asif v. State of U.P.

Allahabad HC13 Jan 2021BAIL/23551/2020

Case brief

AI extract

What is this about?

The High Court granted bail to Asif, an accused facing charges under Section 306 IPC for abetting suicide allegedly linked to dowry demands, finding no evidence of active instigation and noting the lengthy marriage duration. Bail was granted with specific conditions to ensure trial attendance.

What did the court decide?

Applicant released on bail by executing a personal bond (sureties waived temporarily) subject to strict conditions regarding court attendance and trial proceedings.

Asif Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2021)

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23551 of 2020

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Applicant :- Asif Opposite Party :- State of U.P. Counsel for Applicant :- Amit Pathak Counsel for Opposite Party :- G.A.,Sandeep Kumar Singh

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Hon'ble Rahul Chaturvedi,J.

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Case is called out in the revised list. However, no one is present on behalf of opposite party no.2 to press the instant application.

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Heard Sri Amit Pathak, learned counsel for the applicant as well as learned A.G.A for the State and perused the record.

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By means of this application, the applicant who is involved in Case Crime No. 213 of 2019, under Section 306 I.P.C., Police Station- Kandhla, District- Shamli is seeking enlargement on bail during the trial. The applicant is in jail since 20.6.2019.

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Contention raised by learned counsel for the applicant is that the F.I.R. was got registered by one Farid against the applicant and two others with the allegation that about ten years back the deceased got married with the applicant and the couple were blessed with four children. During life time, applicant started demanding Rs.70,000/- for the purposes of purchasing bike. The deceased has shown her inability for the same and because of this reason she was subjected to torture and eventually she has committed suicide on 7.6.2019. Demand of dowry and its related harassment is quite common nowadays, but it cannot be said to be abetment and would not fall within the definition of Section 107 I.P.C. Besides it, there is no material on record to show that at any juncture in the past there was abetment or instigation on the part of the applicant.

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Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts.

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Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties and taking into account the absence of any material on record of goading or abetment coupled with the fact that marriage was solemnized about ten years back and the period of incarceration undergone by the applicant, without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.

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Let the applicant- Asif , who is involved in Case Crime No. 213 of 2019, under Section 306 I.P.C., Police Station- Kandhla, District- Shamli, 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.

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(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.

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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 I.P.C.

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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., 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 I.P.C.

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(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.

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(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER

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THE RELEASE OF THE APPLICANT.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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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 computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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.

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Order Date :- 13.1.2021 Vikas

Asif v. State of U.P.

Case brief

What is this about?

What did the court decide?

Asif v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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