The High Court allowed a bail application filed by the husband in a dowry death case. Considering the cause of death was suicide and no convincing evidence showed a risk of tampering, the court granted bail with specific undertaking conditions.
Release of applicant on bail by furnishing personal bond and two sureties on specific conditions.
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Neutral Citation No. - 2023:AHC:129918
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23780 of 2023
Applicant :- Hari Babu Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Learned counsel has argued that the investigation in the matter has concluded and a charge-sheet has been submitted. Paragraph 21 of the affidavit has been placed for the same. It is argued that there are no chances of the applicant tampering with evidence or absconding. It is argued that the applicant has clean antecedents and is not involved in any criminal activity as stated in paragraph 26 of the affidavit. The applicant is in jail since 17.03.2023.
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
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.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(v) The applicant shall remain present, in person, before the trial court on 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 and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
Order Date :- 3.7.2023 AS Rathore
(Samit Gopal,J.)
Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant may be enlarged on bail during trial given the allegations of dowry death and lack of convincing material to suggest tampering with evidence.
3 provisions across 3 enactments
Hari Babu
State of U.P.
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
