Allowed

Suraj Singh v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko.

Allahabad HC9 Jan 2023/324/2023

Case brief

AI extract

What is this about?

Court granted bail to applicant, a 18-year-old student and brother-in-law of the deceased victim, involved in a Criminal Misc. Bail Application under Section 498A, 304B IPC and Dowry Prohibition Act, subject to specific conditions.

What did the court decide?

The applicant Suraj Singh was released on bail on furnishing a personal bond and two sureties subject to specific conditions.

Suraj Singh Vs State of U.P. Thru. Prin. Secy. Home Civil… — Bail and Remand | Allahabad HC (2023)

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 324 of 2023

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Applicant :- Suraj Singh

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Rakesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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It has been contended by the learned counsel for the applicant that the applicant is in jail since 6.11.2022 in Case Crime No. 330 of 2022 u/s 498A, 304B IPC & Section 3/4 Dowry Prohibition Act, P.S. Chhapiya, District Gonda. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

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Learned counsel for the applicant has further submitted that the present applicant is a young boy of 18 years, who is brother-in-law (Dewar) of the victim (since deceased). He is studying in Class XII. The present applicant had nothing to do with the family affairs of his elder brother and he has never demanded any dowry from her sister-inlaw (Bhabhi) since deceased or her family members. Rather he was having cordial relation with his sister-inlaw. So as to implicate the entire family the present applicant has been implicated. Even as per the F.I.R. and statement of the informant / complainant no specific role of torturing or demanding dowry has been attributed to the present applicant. The present applicant is having no criminal history of any kind whatsoever. Charge-sheet has been filed in this case.

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The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

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Learned A.G.A. opposed the prayer for bail but could not

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dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that the applicant is a young boy of 18 years who is brother-inlaw of the victim (since deceased), he is studying in Class XII at B.P. Inter College, Maskanwa, District Gonda, charge-sheet has been filed and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.

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Let the applicant Suraj Singh, 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 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

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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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(v) The applicant shall not leave the country without permission of the Court concerned.

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Before parting with it is expected that the trial shall be concluded with expedition. Further, the learned trial court may take all coercive measures as per law if either of the parties do not co-operate in the trial properly. The learned trial court shall fix short dates to ensure that trial is concluded at the earliest.

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(Rajesh Singh Chauhan, J.)

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Order Date :- 9.1.2023 Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Suraj Singh v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko.

Case brief

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Suraj Singh v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko.

Case brief

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