Allowed

Vishnu Singh v. State of U.P.

Allahabad HC8 Dec 2022BAIL/55054/2022

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by Vishnu Singh in a case involving sections 147, 323, 306, and 498A IPC. The deceased was the applicant's wife who allegedly committed suicide due to harassment. The applicant surrendered a personal bond and two sureties.

What did the court decide?

Release of the applicant on bail on a personal bond and two local sureties subject to specific undertakings regarding court appearances.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55054 of 2022

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Applicant :- Vishnu Singh Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Santosh Kumar Shukla, learned counsel for the applicant and Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant, Vishnu Singh with a prayer to release him on bail in Case Crime No.875 of 2022, under Sections 147, 323, 306, 498A I.P.C., Police Station-Auraiya, District-Auraiya, during pendency of trial.

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As per FIR lodged by father of the deceased, the marriage of his daughter was solemnized with the applicant ten years ago according to Hindu Rites and Rituals. Out of the wedlock, they were blessed with two children, eight years old daughter and six years old son. The allegations regarding physical and mental harassment for non fulfillment of dowry have been detailed in the FIR. On 04.10.2022, the deceased informed about the aforesaid harassment by the seven named accused persons to the informant. On 09.10.2022, the informant received information about death of his daughter, therefore, the present FIR was lodged.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the deceased was suffering from some ailment due to which under depression she has committed suicide. From the post-mortem report, the cause of death of the deceased is asphyxia as a result of ante-mortem hanging and there being no other injury apart from the ligature mark, it can be said that the deceased has committed suicide. The applicant has neither raised any dowry demand nor harassed the deceased for the same. There is nothing on record to show that the applicant had abetted the deceased to commit suicide. The applicant is languishing in jail since 10.10.2022. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of 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- Vishnu 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:-

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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 :- 8.12.2022

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Rahul.

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Digitally signed by RAHUL GOSWAMI Date: 2022.12.15 12:37:20 IST Reason: Location: High Court of Judicature at Allahabad

Vishnu Singh v. State of U.P.

Case brief

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Vishnu Singh v. State of U.P.

Case brief

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