Allowed

Ramjatan Bind v. State of U.P.

Allahabad HC14 Sept 2023BAIL/38994/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 38994 of 2023, the High Court allowed bail for Ramjatan Bind, father-in-law of a deceased woman accused of suicide, after appointing an amicus curiae due to the applicant's absence caused by a lawyer strike. The court imposed standard bail conditions and directed legal aid assistance.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties. Directions to DLSA for legal aid assistance regarding sureties and formalities.

Ramjatan Bind Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:178174

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38994 of 2023 Applicant :- Ramjatan Bind Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Matter is called out. None appears for the applicant to press the bail application. The names of the learned counsel for the applicant is shown in the cause list.

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Learned counsel at the Bar has been requested to assist the Court in the matter. This Court in the light of the holding in Maneesh Pathak vs. State of U.P. passed in Criminal Misc. Bail Application No. 18536 of 2020 is not dismissing the case for non prosecution. Learned members at the Bar have volunteered to assist the Court pro bono in the highest tradition of the profession. The Court has appointed learned counsel as amicus curiae.

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By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 142 of 2023 at Police Station- Bardah, District- Azamgarh under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act. The applicant is in jail since 25.04.2023.

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The bail application of the applicant was rejected by the learned trial court on 06.07.2023.

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The following arguments made by learned counsel as

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amicus curiae for the applicant, which could not be satisfactorily refuted by learned AGA from the record, entitle the applicant for grant of bail:

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The applicant is father in law of the deceased.

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The applicant never harassed the deceased nor did he ever demand dowry.

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The applicant never interfered in the marital life of the deceased.

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The applicant is bereaved by the death of his daughter in law.

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The deceased was a temperamental lady who was prone to extreme reactions over trivial issues.

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On the fateful day, in a fit of rage, the deceased took the extreme step of ending her life after a minor altercation with a member of the household. She committed suicide by hanging.

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Injuries depicted in the post mortem report consistent with hanging are:

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(i). Ligature mark 28cm x 1 cm around the neck, 5 cm below from left ear lobule 3 cm from right ear lobule, gaping present 3 cm just below right lower baeder madile. Ligature mark obligue below chin above thyroid base groove brownish and parchment like on subcent anevse tissue hard white and glistering.

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(ii). No abnormality was detected in the hyoid bone.

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The applicant did not abet or instigate the deceased to commit suicide.

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The applicant does not have any criminal history apart from this case.

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The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Ramjatan Bind be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The Court has been informed that the lawyers in districtAzamgarh are striking work. Liberty of citizens is too sacrosanct and cannot be held to ransom by striking lawyers.

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The District Legal Services Authority (DLSA), Azamgarh shall ensure that appropriate legal aid is made available to the applicant for purposes of submitting sureties and completion of other formalities for being set forth at liberty.

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Registry is directed to send a copy of this order to the District Legal Services Authority (DLSA), Azamgarh for onward communication to the applicant who is in jail, and for assisting the applicant in the manner stated above.

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Order Date :- 14.9.2023 Pravin

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Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad

Ramjatan Bind v. State of U.P.

Case brief

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Ramjatan Bind v. State of U.P.

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