Allowed

Javed Alias Bablu v. State of U.P.

Allahabad HC24 May 2022BAIL/1812/2020

Case brief

AI extract

What is this about?

High Court allowed bail to an applicant facing charges under Sections 498-A, 304-B IPC, and Dowry Prohibition Act. The court noted the absence of injury marks and vague dowry allegations as grounds for release on personal bond and sureties.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties with undertakings regarding court attendance and non-interference.

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

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1812 of 2020

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Applicant :- Javed Alias Bablu Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar Shukla,Mohit Singh,Om Narayan Pandey Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma,Kamaluddin Khan

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Hon'ble Ashwani Kumar Mishra,J.

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Heard learned counsel for the applicant, learned AGA for the State and Sri Kamaluddin Khan for the informant and perused the record.

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The present bail application has been filed by the applicant, who is husband, seeking enlargement on bail in Case Crime No.229 of 2019, under Sections 498-A, 304-B IPC & Section 3/4 Dowry Prohibition Act, Police Station Katra, District Shahjahanpur.

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As per the FIR allegation sister of informant was married to the applicant about two years back and she was being harassed for demand of dowry. She was also subjected to torture for such reason. It is alleged that on 22.6.2019 at about 6.00 p.m. information was received that she has died and her dead body is found hanging in her room. Apprehensions expressed were that on account of torturing her and by causing physical injuries she has been killed.

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The postmortem report is on record, as per which the cause of death is anti-mortem injury and there exists ligature mark all around her neck. No other injury is seen. The second injury in the postmortem report is on her right forearm on the wrist joint.

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Learned counsel for the applicant states that the applicant is in jail since 23.6.2019 and that the lady has died on account of suicide committed by her. It is stated that there are no injury marks, which may demonstrate that she was subjected to any physical torture. It is also stated that the plea of dowry demand is vague and general in nature and neither any specific incident is alleged nor any prior complaint was made. It is further argued that 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.

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Learned AGA and counsel for the informant oppose the bail application but facts as have been urged on behalf of the applicant are not seriously disputed.

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Having considered the respective submissions advanced; perused the materials placed on record; considering the fact that there are no injury marks, which may demonstrate that she was subjected to any physical torture; the plea of dowry demand is vague and general in nature and neither any specific incident is alleged nor any prior complaint was made; the applicant has no previous criminal history, 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.

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Let the applicant - Javed Alias Bablu 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:-

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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 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.

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(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 sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(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.

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(vi) The applicant shall remain present, in person, before the

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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 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 in accordance with law.

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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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Accordingly, the present bail application is allowed.

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Order Date :- 24.5.2022 Anil

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Digitally signed by ANIL KUMAR PATEL Date: 2022.05.25 10:18:21 IST Reason: Location: High Court of Judicature at Allahabad

Javed Alias Bablu v. State of U.P.

Case brief

What is this about?

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Javed Alias Bablu v. State of U.P.

Case brief

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What did the court decide?

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