Single bench order granting bail to an applicant charged with culpable homicide not amounting to murder resulting in his daughter's accidental death due to a fall in a pit. The court noted the lack of intent to kill and released him subject to conditions.
Relief granted upon furnishing a personal bond and two sureties, each in like amount.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20480 of 2022
Applicant :- Mahmood Ali Alias Mahmood Khan Opposite Party :- State of U.P. Counsel for Applicant :- Qamrul Hasan Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Heard 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. 292 of 2021, under Section 304 I.P.C., Police Station Baberu, District Banda.
As per the prosecution version, the deceased daughter of informant Husnbano, aged 18 years, had married to one Yasin, who had taken her to Mumbai but was arrested and lodged in Jail. Since the daughter of the informant was found minor, as such, she was released in the custody of her father i.e. the husband of the informant. The deceased and the her father were both living in Mumbai. The deceased was insisting her father to sell his property at Fatehpur and secure bail of her husband by properly pursuing the bail. It was in the context of this dispute between father and the deceased daughter that at the spur of moment both of them entered into a fight and accidentally the deceased daughter fell in a pit and has died. First information report under Section 304 IPC has been lodged. The father is in Jail since 20.9.2021.
Counsel for the applicant submits that the injuries on the person of deceased clearly shows that it is an accidental fall in the pit due to which she has died. It is stated that the fight otherwise was at the spur of moment and there was no intention on part of the applicant to kill his own daughter. It is lastly argued that the applicant is in jail since 20.9.2021 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 plea that there was no intention on part of the applicant to kill his own daughter and the applicant is already in jail for almost 8 months, 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 - Mahmood Ali Alias Mahmood Khan 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 229-A 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 :- 23.5.2022 Ranjeet Sahu
Digitally signed by RANJEET SAHU Date: 2022.05.25 10:18:34 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to release on bail considering the accidental nature of death and length of detention.
Whether conditions can be imposed to ensure the applicant attends court dates and does not interfere with evidence.
2 provisions across 1 enactments
Mahmood Ali Alias Mahmood Khan
State of U.P.
Ashwani Kumar Mishra
Ranjeet Sahu
As recorded by the court registry
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