Bail application filed by Girish in a dowry death case. The High Court granted bail after considering Article 21 and cited Satendra Kumar Antil. Bail granted with personal bond and sureties under strict conditions regarding trial attendance and non-tampering.
Applicant released on bail with a personal bond and two sureties upon furnishing undertakings.
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. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18365 of 2022
Applicant :- Girish Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A.,Sanjay Singh
Hon'ble Siddharth,J.
Rejoinder affidavit filed today is taken on record.
Heard Sri Ravesh Kumar Singh, Advocate, holding brief of Sri Mahendra Singh, learned counsel for the applicant; Sri Sanjay Singh, learned counsel for the informant; learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Girish, with a prayer to release him on bail in Case Crime No. 354 of 2021, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, Police Station Jalesar, District- Etah, during pendency of trial.
There is allegation of causing dowry death of his wife against the applicant.
Learned counsel for the applicant has submitted that from the statement of the mother of the deceased, it appears that six months ago, the deceased tried to commit suicide. The death of the deceased has been caused on account of hanging. He has submitted that the deceased committed suicide because she was not happy with the marriage with the applicant. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since 06.10.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. and learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P. (Crl.) No. 5191 of 2021 , and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 that :-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his 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 shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.
(v) The applicant 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 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.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 8.9.2022 Ruchi Agrahari
Digitally signed by RUCHI AGRAHARI Date: 2022.09.08 17:16:59 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted to the applicant in a case involving dowry death allegations under Sections 498-A and 304-B IPC?
What conditions should be imposed upon the applicant to secure his presence and prevent misuse of bail during the trial?
What are the consequences of breach of bail conditions and default in appearing before the Trial Court?
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherExplained¶11
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P. (Crl.) No. 5191 of 2021
5 provisions across 3 enactments
Girish
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth
Parties & counsel
