Allowed

Jitendra v. State of U.P.

Allahabad HC20 May 2022BAIL/20184/2022

Case brief

AI extract

What is this about?

In a bail application under Sections 498-A, 304-B IPC and Dowry Prohibition Act, the High Court allowed bail to the accused husband. The court noted the absence of prior dowry complaints and unsubstantiated strangulation pleas, granting bail conditioned on not tampering with evidence and attending trials.

What did the court decide?

Bail on personal bond and two sureties with specific undertaking conditions including attendance for evidence summoning and Section 313 Cr.P.C.

Jitendra 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. - 20184 of 2022

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Applicant :- Jitendra Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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

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The present bail application has been filed by the applicant Jitendra (husband) seeking enlargement on bail in S.C. No. 265 of 2021 arising out of Case Crime No. 122 of 2021 under Sections 498-A, 304-B and 316 IPC and Section 3/4 of the Dowry Prohibition Act, Police Station Rath, District Hamirpur.

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As per the FIR allegation, informant's daughter was married with the applicant on 14.2.2016 but she was harassed with the demand of dowry. A son was born about two and half years back and the deceased was carrying pregnancy of about 8 months. As per the allegation, the deceased has been physically assaulted and later on killed by hanging. The post mortem examination of the deceased has been conducted which shows existence of ligature marks and the cause of death is asphyxia due to ante mortem injury.

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Counsel for the applicant submits that the death of the deceased is suicidal inasmuch as there are no injury marks and no abnormality is detected. Submission is that the plea of strangulation made in the FIR is not substantiated. It is also stated that there was no previous complaint of demand of dowry and the allegations made in that regard are wholly vague and no specifics in that regard are disclosed. It is further argued that the applicant is in jail since 19.3.2021 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.

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Learned AGA opposes 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

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that there was no previous complaint of demand of dowry and that the plea of strangulation made in the FIR is not substantiated, 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- Jitendra 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 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

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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 :- 20.5.2022 n.u.

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Digitally signed by NASEEM UDDIN Date: 2022.05.20 19:32:04 IST Reason: Location: High Court of Judicature at Allahabad

Jitendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jitendra v. State of U.P.

Case brief

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