The High Court allowed the bail application of Deepak Verma, accused in a suicide case, permitting his release on bail subject to strict conditions to ensure his presence in trial and prevent evidence tampering.
Released on bail in furnishing a personal bond and two sureties with specific conditions regarding attendance and conduct during trial.
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. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9009 of 2021
Applicant :- Deepak Verma Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Rana Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Deepak Verma, seeking enlargement on bail during trial in connection with Case Crime No. 809 of 2020, under Section(s) 498-A, 306 I.P.C., registered at P.S.- Hapur Nagar, District- Hapur.
Learned counsel for the applicant has argued that applicant is innocent and has been falsely implicated in this case with ulterior motive. Further submission is that though the applicant is the husband of the deceased but he neither inflicted any cruelty upon the deceased nor ever raised any demand of dowry from his in-laws. The applicant married with the deceased 11 years ago. The deceased has committed suicide. It is further submitted that the applicant has three children and in extra ordinary case children have lost their natural guardian in the form of mother. Now father (the applicant) is the only natural guardian of children and also only earning member to look after his family. It is further submitted that the informant, in his statement u/s 161 Cr.P.C., has stated that the in-laws of her sister tried to save her but she could not be saved and that it appears that her sister committed suicide. The applicant has no previous criminal antecedents and is in jail since 25.11.2020. If the applicant is released on bail he will not misused the liberty and will cooperate in trial.
On the aforesaid factual premise, learned counsel for the applicant contends that since there is no eye witness of the alleged incident and with the fact that the applicant is the natural father of three children, he is liable to be enlarged on bail.
Per contra, learned AGA opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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.
Let the applicant- Deepak Verma, 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:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
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.
(iii) The applicant shall file an undertaking to the effect that he/she 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.
(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/her 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/her, in accordance with law, under section 174-A I.P.C.
(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 be open for the trial court to treat such default as abuse of liberty of bail and proceed against him/her in accordance with law and the trial court may proceed against him/her under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
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.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 17.3.2021
Vandana
3 issues framed by the court
Whether the applicant should be released on bail pending trial.
Whether the applicant is likely to tamper with evidence or hamper the trial.
What conditions must be imposed on the applicant's bail.
6 provisions across 2 enactments
Deepak Verma
State of U.P.
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
