Allowed

Khajan Singh v. State of U.P.

Allahabad HC7 Dec 2022BAIL/51459/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Khajan Singh accused under Sections 498-A IPC, 304-B IPC, and Dowry Prohibition Act. The court was satisfied with the case made out and granted bail subject to specific conditions regarding court attendance.

What did the court decide?

Release of applicant on personal bond and two local sureties with conditions to attend court hearings and face proceedings for absconding.

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

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Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51459 of 2022

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Applicant :- Khajan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Pankaj Kumar Sharma, learned counsel for the applicant, Mr. K.P. Pathak, learned A.G.A. for the State and perused the record of the present bail application.

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The present bail application has been filed by the applicant Khajan Singh with a prayer to enlarge him on bail in Case Crime No. 128 of 2022, under Sections 498-A, 304-B IPC & 3/4 of Dowry Prohibition Act, Police Station Dholana, District Kasganj, during pendency of trial.

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As per prosecution case, an FIR has been lodged by father of the deceased with the allegations that the deceased who was married with the applicant three years ago was done to death due to non fulfillment of additional dowry demand.

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Learned counsel for the applicant submits that the applicant being husband of the deceased has falsely been implicated in the present case holding him responsible for the death of the deceased. As per post mortem report cause of death is asphyxia as a result of ante-mortem hanging and except the ligature marks two abrasion was found on the body of the deceased, which was obtained while the body of the deceased was brought down from the fan. He has laid emphasis on page 27 of the bail application wherein it has been stated that the inquest of the dead body was conducted by the authority in the presence of the father of the deceased and the body of the deceased was found hanging on the fan in a closed room. The body of the deceased was brought down by breaking the window of the closed room. He further submits that the deceased has committed suicide on a petty dispute between husband and wife. He further submits that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and the applicant is languishing in jail since 07.07.2022. Accordingly, he requests for bail.

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Per contra, learned A.G.A. opposed the prayer for bail by contending that innocence of the applicant cannot be adjudged

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at pre-trial stage, therefore, he does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.

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Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

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Let the applicant 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:-

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(i) 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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(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.

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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. 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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(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.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 7.12.2022/Arti

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Digitally signed by ARTI SHARMA Date: 2022.12.19 11:29:04 IST Reason: Location: High Court of Judicature at Allahabad

Khajan Singh v. State of U.P.

Case brief

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Khajan Singh v. State of U.P.

Case brief

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