Virendra Singh Rajput Vs State of U.P.

Neutral Citation No. - 2023:AHC:209651

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43784 of 2023

Applicant :- Virendra Singh Rajput Opposite Party :- State of U.P. Counsel for Applicant :- Jai Kishan,Vipin Kumar Counsel for Opposite Party :- G.A.,Lalit Prakash,Suraj Singh

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.

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Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. Learned counsel further submits that prior to the marriage of the deceased with the son of the applicant, the deceased had affair with one Rahul, who was threatening the deceased and had also sent message to defame her, in this regard, the father of the deceased had sent an application dated 19.05.2023, which has been reduced in writing in G.D.No.56. Learned counsel further submits that the deceased was continuously harassed by said Rahul on account of which, the deceased had committed suicide in a fit of rage by hanging herself. Learned counsel has drawn attention of this Court to the post mortem report and has argued that oblique ligature mark has opined in the anti mortem injuries and that the cause of death is asphyxia due to ante mortem hanging. The hyoid bone was found to be intact. He next submits that the applicant being father-in-law of the deceased has been victimised of false accusation. The applicant did not abet or instigate the deceased to commit the suicide. The applicant does not have any criminal history apart from the instant case. The applicant is a old aged person, who resides in Jhansi with her family. The applicant is not a flight risk. The applicant is a law abiding citizen who has cooperated with the police investigation and shall join the trial proceeding. There is no possibility of his influencing witnesses, tampering with the

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evidence or reoffending.The applicant is in jail since12.09.2023.

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Learned AGA could not satisfactorily dispute the aforesaid submissions from the record, however, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Virendra Singh Rajput involved in Case Crime No. 199 of 2023 under Sections 498A, 304-B I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Chirgaon, District Jhansi, be released on bail on furnishing a personal bond and two heavy 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 and 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 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and

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proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 1.11.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Virendra Singh Rajput v. State of U.P.

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Virendra Singh Rajput v. State of U.P.

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