Criminal court allowed bail in a dowry death case involving Sections 498A IPC and Section 304B IPC. The applicant, a brother-in-law of the deceased, was ordered released on furnishing a personal bond and sureties subject to strict conditions regarding attendance and tampering with evidence.
Released on bail on furnishing a personal bond and two sureties.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16603 of 2021
Applicant :- Mukesh Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma
Hon'ble Ashwani Kumar Mishra,J.
Heard Sri K.S. Chahar, learned counsel for the applicant and learned AGA for the State and perused the record.
The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No. 240 of 2020, under Sections 498A, 304B I.P.C. and Section 3/4 D.P. Act, Police Station Etmadpur, District Agra.
As per the FIR allegation, informant's daughter was married to the brother of the applicant on 30.6.2020 and there was a demand of dowry for which the deceased was being harassed. A telephonic communication was received on 28.9.2020 at about 3.30 p.m. that the in-laws including the husband have killed the daughter of the informant. Postmortem report is on record, in which the cause of death is asphyxia as a result of antemortem hanging. The hyoid bone is intact and ligature mark is found around the neck except an area of 4 c.m. on the right side of the neck.
Counsel for the applicant states that the applicant is the brother-in-law of the deceased, who was married to applicant's younger brother. It is stated that the death of the deceased is due to hanging and it is a case of suicide and the death is not homicidal. It is further argued that the applicant is in jail since 16.10.2020 and the mother-in-law against whom similar allegation was made has already been enlarged on bail by this Court in Criminal Misc. Writ Petition No. 678 of 2021 vide order dated 7.1.2021 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.
Learned AGA opposes the bail application but facts as have been urged on behalf of the applicant are not seriously disputed.
Having considered the respective submissions advanced; perused the materials placed on record; considering the fact that mother-in-law against whom similar allegation was made has already been enlarged on bail, 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.
Let the applicant - Mukesh 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:-
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 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.
(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.
(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.
(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.
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.
Accordingly, the present bail application is allowed.
Order Date :- 27.5.2022 Ranjeet Sahu
Digitally signed by RANJEET SAHU Date: 2022.05.27 18:43:46 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant entitled to bail in a dowry death case where the mother-in-law has already been released.
Whether conditions of bail can be imposed to ensure absence does not become deliberate during trial.
1 provisions across 1 enactments
Mukesh
Ashwani Kumar Mishra
As recorded by the court registry
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