This is a bail applications filed by in-laws of deceased in a dowry death case. The court permitted bail, noting the age of the accused and lack of prima facie case, subject to standard conditions.
Release on bail with personal bond and two local sureties subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5707 of 2021
Applicant :- Parasnath And Another Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar,Mohd. Monis Counsel for Opposite Party :- G.A.,Kundan Kumar,Ved Prakash
Hon'ble Ajit Singh,J.
Let the counter affidavit filed on behalf of the State be taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicants in Case Crime No. 309 of 2020, under Section - 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, Police Station - Mardah, District - Ghazipur with the prayer to enlarge the applicants on bail.
The report of this incident was lodged by the complainant under the above mentioned sections against the in-laws of his sister who was allegedly done to death by her in-laws including the present accused applicants.
The contention as raised at the Bar by learned counsel for the applicants is that they are father-in-law and mother-in-law of the deceased. They are quite innocent and have been falsely implicated in the present case. Further argument is that general allegations have been levelled against all the accused and in the First Information Report no specific role has been assigned to the present accused applicants. It is not clear what was demanded as dowry by the present applicants and as per the medical report the deceased has died due to hanging. Lastly, it is argued that the present applicants are aged persons and suffering from age related ailments. They are in jail since 31.10.2020 and that in case applicants are enlarged on bail, they will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicants and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicants - Parasnath and Sudami Devi @ Sudayi Devi involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and 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;
(2). The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;
(3). In case, the applicants misuse the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicants 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 24.6.2021 LBY
Parasnath
Sudami Devi @ Sudayi Devi
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
