Allowed

Pradeep v. State of U.P.

Allahabad HC8 Dec 2022BAIL/23981/2020

Case brief

AI extract

What is this about?

This bail application sought release of a husband charged with dowry death. The High Court, acknowledging the length of the trial and lack of specific allegations against the applicant, granted bail with strict conditions against delaying the trial, without forming an opinion on the merits of the prosecution case.

What did the court decide?

Applicant released on bail with personal bond and two sureties, subject to conditions regarding trial attendance and failure to adjourn without cause.

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

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23981 of 2020

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Applicant :- Pradeep Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Dixit,Sanjay Kumar Nigam Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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

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The applicant seeks bail in Case Crime No. 226 of 2019, under Sections 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, P.S. Rura, District Kanpur Dehat.

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The submission of learned counsel for the applicant is the husband of the deceased. It is stated that the entire family has been implicated on the allegations of demand of dowry without any substance. It is further submitted that there are general allegations with no specific role assigned. The investigation is over and charge-sheet has been filed in the matter. It is further submitted that in the postmortem report the cause of death of deceased has been shown asphyxia due to ante mortem hanging and there is no injury on the person of the deceased. The deceased had committed suicide herself. It is further submitted that statement of the independent witnesses also do not support the prosecution story. It is further submitted that till date only P.W.-1 and P.W-2, who are mother and father of deceased have been examined and there is no hope of early conclusion of trial. The applicant has no criminal history and is in jail since 15.07.2019. Charge-sheet has been filed and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.

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Learned AGA has vehemently opposed the prayer for bail.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Let the applicant Pradeep, who is involved in aforementioned 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(ii) 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

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Section 229-A IPC.

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(iii) 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., may be issued and if 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 IPC.

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(iv) The applicant shall remain present, in person, before the Trial Court on 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 them in accordance with law.

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(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 8.12.2022/RavindraKSingh

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Digitally signed by RAVINDRA KUMAR SINGH Date: 2022.12.08 16:27:27 IST Reason: Location: High Court of Judicature at Allahabad

Pradeep v. State of U.P.

Case brief

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Pradeep v. State of U.P.

Case brief

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