Allowed

Sanjay v. State of U.P.

Allahabad HC12 May 2022BAIL/5261/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by the applicant, father-in-law of the deceased. Considering the cause of death as ante-mortem hanging, lack of independent eye-witness, and the applicant's clean criminal record and separate residence, the court granted bail pending trial. Standard conditions were imposed.

What did the court decide?

Release on bail while furnishing a personal bond and two sureties.

Sanjay Vs State of U.P. — Domestic Violence | Allahabad HC (2022)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5261 of 2022

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Applicant :- Sanjay Opposite Party :- State of U.P. Counsel for Applicant :- Nirbhay Singh 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 A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant, who happens to be father-in-law of the deceased, seeking enlargement on bail in Case Crime No. 366 of 2021, under Sections 498-A, 304-B IPC and 3/4 of D. P. Act, Police Station Kasganj, District Kasganj.

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As per the allegations made in First Information Report the informant, who happens to be father of deceased, has alleged demand of dowry and on 07.07.2021 the informant received information that deceased is not able to speak and when he reached the house of deceased at Durga Colony, Kasganj it was found that police was already present and the deceased has died. It is admitted that marriage was performed about two years prior to the death of deceased. Allegation of demand of dowry is against the husband and in-laws, including the applicant.

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Counsel for the applicant submits that cause of death is asphyxia as a result of ante-mortem hanging. It is also stated that the deceased alongwith son of applicant were living separately at Durga Colony in district Kasganj, whereas the applicant resides in the village. Submission is that presumption in terms of the statutory provisions would be against the husband as he was living alongwith deceased separately but the applicant, father-in-law, cannot be held responsible. It is further argued that the applicant is in jail since 11.07.2021 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 has not disputed the factum of separate living of the applicant in the village.

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Having considered the respective submissions advanced;

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perused the materials placed on record; considering the fact that cause of death is asphyxia due to ante-mortem hanging and there is no independent eye witness to the incident; the applicant has no criminal history, 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 - Sanjay 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 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 :- 12.5.2022 Ashok Kr.

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Digitally signed by ASHOK KUMAR Date: 2022.05.17 11:54:12 IST Reason: Location: High Court of Judicature at Allahabad

Sanjay v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sanjay v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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