Allowed

Gulli Alias Satish Kashyap v. State of U.P.

Allahabad HC26 Oct 2023BAIL/44988/2023

Case brief

AI extract

What is this about?

The Court Разреши bail application filed by Gulli Alias Satish Kashyap, father-in-law of deceased, in a case alleging death by hanging under Sections 498-A and 304-B IPC. The Court imposed specific conditions on bail including attendance at trials and prohibition on tampering with evidence.

What did the court decide?

Applicant released on bail by furnishing personal bond and two sureties subject to conditions including attendance at trial dates and prohibition on tampering with evidence.

Gulli Alias Satish Kashyap Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:203833

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44988 of 2023

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Applicant :- Gulli Alias Satish Kashyap Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Bind Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Anil Kumar Bind, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Gulli Alias Satish Kashyap, seeking enlargement on bail during trial in connection with Case Crime No. 395 of 2023, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, registered at Police Station Kotwali, District Shahjahanpur.

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Learned counsel for the applicant argued that the applicant is the father-in-law of the deceased Madhu. It is argued that the general and omnibus allegations have been levelled against the applicant. It is argued in the postmortem report a single injury being a ligature mark has been found on the body of the deceased and the doctor has opined the cause of death due to antimortem hanging. It is argued that co-accused Rani Kashyap the mother-in-law of the deceased has been granted bail by a co-ordinate Bench of this Court vide order dated 10.10.2023 passed in Crl. Misc. Bail Application No. 43044 of 2023 (Rani Kashyap Vs. State of U.P.), copy of the order is annexed as annexure 7 to the affidavit. He further argued that the applicant has no criminal history as stated in para 25 of the affidavit and is in jail since 09.08.2023.

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Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicant is named in the First Information Report and there are allegations against him.

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After having heard learned counsels for the parties and perusing

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the records, it is evident that the applicant is the father-in-law of the deceased. The cause of death is asphyxia as a result of antimortem hanging. No other bodily injury has been found on the body of the deceased except for a ligature mark. Co-accused Rani Kashyap the mother-in-law of the deceased has been granted bail.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant Gulli Alias Satish Kashyap , 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 concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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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.

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(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.

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(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.

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(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

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proceed against him under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed .

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Order Date :- 26.10.2023 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Gulli Alias Satish Kashyap v. State of U.P.

Case brief

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Gulli Alias Satish Kashyap v. State of U.P.

Case brief

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