Allowed

Ramveer Singh v. State of U.P.

Allahabad HC15 Dec 2021BAIL/36809/2021

Case brief

AI extract

What is this about?

This bail application under Section 439 CrPC was filed by Ramveer Singh, father-in-law of the deceased in a dowry-related suicide case. After considering arguments regarding the nature of death and absence of tampering evidence, the court granted bail with specific conditions to ensure trial compliance and witness protection.

What did the court decide?

Release on bail in Crime No. 285 of 2020 on furnishing a personal bond and two sureties, subject to five specific conditions.

Ramveer Singh Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2021)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36809 of 2021

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Applicant :- Ramveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Kuldeep Singh Chahar, learned counsel for the applicant and Sri Satish Pandey, learned counsel for the State and perused the material on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Ramveer Singh seeking enlargement on bail during trial in connection with Case Crime No. 285 of 2020, under Sections 498-A, 304-B I.P.C, and Section 3/4 Dowry Prohibition Act registered at Police Station Bhisrakh, District Gautam Budh Nagar.

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Learned counsel for the applicant argued that the applicant is the father-in-law of the deceased. The marriage of Ravi Kumar, son of the applicant was solemnized with the deceased Smt. Priyanka on 29.04.2019. It is argued that the deceased had committed suicide which is suggestive from the post-mortem report in which doctor has found a single ligature mark on her body without any other external mark of injury and has opined the cause of death is due to Asphyxia due to ante-mortem hanging. It is further argued that general and omnibus allegations have been levelled against the applicant and other co-accused persons. The applicant is living separately from that of the deceased and her husband. Ravi Kumar, the husband of the deceased is in jail.

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It is further argued that co-accused Sonu and Anita who are devar and mother-in-law of the deceased have been granted bail by co-ordinate Benches of this Court vide orders dated 08.11.2021 and 12.11.2021 passed in Criminal Misc. Bail Application No. 30103 of 2021 (Sonu vs. State of U.P.) and Criminal Misc. Bail Application No. 36350 of 2021 (Anita vs. State of U.P.). It is further argued that there was a suicide note left by the deceased in which there is no reference of any demand or complaint against the accused persons. He further argued that the applicant has no criminal history as stated in para 24 of the affidavit and is in jail since 09.04.2021.

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Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicant is named in the first

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information report and there are other allegation levelled against him.

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After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the father-in-law of the deceased and Ravi Kumar, husband of the deceased is in jail. The deceased has received a single ligature mark on her body and the cause of death is Asphyxia as a result of hanging. It is further evident that co-accused Sonu and Anita have granted bail by co-ordinate Benches of this Court.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant Ramveer Singh , 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:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant 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.

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(iii) 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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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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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(V) 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

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be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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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 applicant to prison.

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The bail application is allowed .

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Order Date :- 15.12.2021 Saurabh

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(Samit Gopal,J.)

Ramveer Singh v. State of U.P.

Case brief

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Ramveer Singh v. State of U.P.

Case brief

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