The court allowed a bail application in a dowry death case under Sections 498-A and 304-B IPC, releasing the applicant on a personal bond and two sureties subject to strict conditions regarding witness tampering and court attendance.
The applicant was released on bail by furnishing a personal bond and two local sureties.
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E-court
Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32340 of 2020
Applicant :- Udaiveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Samiuzzaman Khan,Mohammad Yaseen Counsel for Opposite Party :- G.A.,Rajesh Kumar Srivastava,Virendra Kumar Srivastava
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.213 of 2019, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Barhan, District Agra.
Learned counsel for the applicant submits that as per FIR version deceased was married with the applicant on 11.06.2015 and after sometime applicant and his family members started demanding Rs.1,00,000/- and she was killed on 3rd November, 2019 due to non-fulfillment of demand of dowry. He further submits that before the trial court informant Haripal Singh and Gaya Prashad (uncle of the deceased) they have not supported the prosecution case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 10.11.2019.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that within a period of near about 4 years of marriage for non-fulfillment of demand of dowry deceased has been killed, unnatural death has occurred at the house of the applicant being husband he is responsible for keeping her well, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, statement of informant and uncle of deceased, without expressing any opinion on merit of
the case, the applicant is entitled for bail, let the applicant- Udaiveer Singh involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
(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 Section 229-A of the Indian Penal Code.
(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. 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.
(iv) 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.
Order Date :- 7.6.2022 Israr
Digitally signed by ISRAR AHMAD Date: 2022.06.09 18:41:14 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a case involving Sections 498-A IPC and 304-B IPC.
Whether the conditions imposed under Section 229-A IPC, Section 174-A IPC and Section 82 Cr.P.C. are sufficient to prevent tampering with evidence.
4 provisions across 2 enactments
Udaiveer Singh
State of U.P.
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
