Yashin Vs State of U.P.

Neutral Citation No. - 2023:AHC:233931

Court No. - 69

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49007 of 2023

Applicant :- Yashin Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar Counsel for Opposite Party :- G.A.

¶5

Hon'ble Samit Gopal,J.

¶6

List revised.

¶7

Heard Sri Dharmendra Kumar, learned counsel for the applicant, Sri Bare Lal Bind, learned AGA for the State and perused the material on record.

¶8

Learned A.G.A. submits that he has received instructions in the matter for which time was granted on 17.11.2023.

¶9

This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Yashin, seeking enlargement on bail during trial in connection with Case Crime No. 200 of 2023, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, registered at P.S. Phase 3rd, District Gautam Budh Nagar.

¶10

Learned counsel for the applicant argued that applicant is cousin-father-in-law(taiya sasur) of the deceased. It is argued that marriage of the deceased/Sajma with Parvej cousin nephew of the applicant was solemnized on 03.6.2020. It is argued that general and omnibus allegations have been levelled against all the accused persons. It is argued that the husband of the deceased has been arrested and is in jail. It is further argued that the deceased committed suicide and died which is consistent with the post mortem examination report which shows a single ligature mark on her body and cause of death of the deceased as opined by the doctor is asphyxia as a result of ante mortem hanging. It is further argued that the applicant has been falsely implicated in the present case only because he happens to be elder father (bare papa) of the husband of the deceased. It is argued that investigation in the matter concluded and charge sheet has been submitted against the applicant and other coaccused and as such there are no chances of the applicant tempering with the evidence or not co-operating in the investigation. It is argued that the applicant has no other criminal antecedents as stated in para-30 of the affidavit and is

¶11

in jail since 05.7.2023.

¶12

Per contra, learned State counsel opposed the prayer for bail.

¶13

After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is taiya sasur (chachiya sasur) of the deceased. The husband is in jail. Except single ligature mark no other bodily injury was found on the body of the deceased and cause of death has been opined by the doctor as asphyxia as a result of ante mortem hanging. Charge sheet in the matter has been submitted against the applicant and the other co-accused persons.

¶14

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.

¶15

Let the applicant- Yashin, 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:-

¶16

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

¶17

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.

¶18

(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.

¶19

(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.

¶20

(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing

¶21

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 229A IPC.

¶22

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

¶23

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.

¶24

The bail application is allowed.

¶25

(Samit Gopal,J.)

¶26

Order Date :- 11.12.2023 Naresh

¶27

Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad

Yashin v. State of U.P.

Case brief

What is this about?

What did the court decide?

Yashin v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bipin Kumar Vs State of U.P.

Rajesh Kumar Vs State of U.P.

Jitendra Kumar Vs State of U.P.

Arshad Vs State of U.P.

Sobha Gupta Vs State of U.P.

Sudhir Kumar Vs State of U.P.