The Court allowed a bail application filed by Brahmpal, father-in-law of the deceased, in a case involving antemortem hanging and dowry death allegations. The Court imposed conditions regarding attendance, non-tampering with evidence, and prompt trial disposal.
Applicant released on bail on personal bond and two sureties with conditions.
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Neutral Citation No. - 2023:AHC:205167
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45155 of 2023
Applicant :- Brahmpal Opposite Party :- State of U.P. Counsel for Applicant :- Sachin Malik Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
1. List revised.
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. Sonu the husband of the deceased is in jail.
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 :- 27.10.2023 M. ARIF
(Samit Gopal, J.)
Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to enlargement on bail during the trial.
Whether any conditions are necessary to impose on the release on bail.
4 provisions across 2 enactments
Brahmpal
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
