Allowed

Rakesh v. State of U.P.

Allahabad HC24 May 2022BAIL/1388/2020

Case brief

AI extract

What is this about?

This criminal miscellaneous bail application was filed by a husband seeking release in a case alleging causing death by burning (Sections 304, 498-A IPC). The High Court allowed the bail, noting the trial's delay and the applicant's incarceration, without expressing an opinion on the merits.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties with specific conditions regarding court attendance and non-tampering with evidence.

Rakesh Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 44

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1388 of 2020

¶3

Applicant :- Rakesh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ashwani Kumar Mishra,J.

¶5

Heard learned counsel for the applicant and learned AGA for the State and perused the record.

¶6

The present bail application has been filed by the husband of the deceased seeking enlargement on bail in Case Crime No. 261 of 2019, under Sections 498-A, 304, 504 I.P.C., Police Station Kotwali Hata, District Kushinagar.

¶7

As per the FIR allegation, the daughter of the informant got married to the applicant about 15 years back and out of the said wedlock three children are born. It is stated that the life of the deceased was not easy and the applicant is a habitual drinker. On the fateful day at about 8.00 in the morning applicant came in the house having consumed liquor and upon being resisted he sprinkled kerosene upon the deceased and set her on fire and locked her inside the room, on account of which, she died due to burn injuries. Postmortem report is on record, as per which, cause of death is superficial to deep burn all over the body except upper limb both, parietal region joint of leg and head.

¶8

Counsel for the applicant submits that the marriage between the parties were performed about 18 to 20 years back and both used to fight often on account of heavy drinking of the applicant. It is stated that on one such occasion the deceased in a fit of rage locked her in the room and sprinkled kerosene over herself and killed herself. It is further argued that the applicant is in jail since 13.8.2019 and the trial is not likely to conclude shortly and that the applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial.

¶9

Learned AGA opposes the bail application but facts as have been urged on behalf of the applicant are not seriously disputed.

¶10

It is not in dispute that the chargesheet has been filed in the matter and as per list of witnesses there are 21 witnesses and one of which alone has been examined. The applicant is in Jail since 13.8.2019. Out of three children, two are living elsewhere. The cause of death is antemortem injuries consisting of superficial to deep burn all on the body. Statements of independent witnesses have been placed before the Court which supports the defence

¶11

version, according to which, the lady herself had poured kerosene and had locked herself in the room and the applicant was not even present at that point of time, as he had left house after the fight with the lady.

¶12

Having considered the respective submissions advanced; perused the materials placed on record; considering the fact that the applicant is in jail since 13.9.2019 and trial is not likely to conclude shortly, the applicant is entitled to be released on bail, at this stage. Above observations made in the bail order shall, however, not be construed as expression of opinion, on the merits, at the stage of trial.

¶13

Let the applicant - Rakesh involved in aforesaid case crime 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, with the following conditions, which are being imposed in the interest of justice:-

¶14

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

¶15

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.

¶16

(iii) 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.

¶17

(iv) 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 sufÏcient cause, the trial court may proceed against him under Section 229A of the Indian Penal Code.

¶18

(v) 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.

¶19

(vi) The applicant shall remain present, in person, before the trial court on the 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 sufÏcient 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.

¶20

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.

¶21

Accordingly, the present bail application is allowed.

¶22

Order Date :- 24.5.2022 Ranjeet Sahu

¶23

Digitally signed by RANJEET SAHU Date: 2022.05.25 15:42:31 IST Reason: Location: High Court of Judicature at Allahabad

Rakesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rakesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mahmood Ali Alias Mahmood Khan Vs State of U.P.

Satyaveer Vs State of U.P.

Saifurheman @ Rehman Vs State of U.P.

Govind @ Chhotu Vs State of U.P. and 3 Others

Sumit Vs State of U.P. though Principal Secretary (Home) and 3 others

Javed Alias Bablu Vs State of U.P.