The Court allowed a second bail application filed by Anil Kumar, husband of the deceased, in a dowry death case. The Court was satisfied regarding the absence of evidence to indicate tampering and imposed specific conditions on bail.
The applicant to be released on bail on furnishing a personal bond and two heavy sureties subject to strict conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53194 of 2022
Applicant :- Anil Kumar @ Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
Heard Sri Harish Chandra Mishra, learned counsel for the applicant, learned counsel for the State and perused the material on record.
The Criminal Misc. First Bail Application No. 37449 of 2020 has been released by Hon'ble Rahul Chaturvedi, J. on 24.11.2020.
This is second bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Anil Kumar @ Sonu, seeking enlargement on bail during trial in connection with Case Crime No. 50 of 2019 (S.T. No. 69 of 2020), under sections 498-A, 304-B IPC and section 3/4 D.P. Act, P.S. Bahilpurwa, District Chitrakoot.
The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. In the present case the applicant is husband of the deceased. According to post mortem examination report the cause of death is asphyxia due to hanging. The applicant was present at the time of panchayatnama as well as at the time of post mortem examination report. The deceased was wanted to live with the applicant where he does private job, but applicant was not in a position to take his wife, consequently she committed suicide. The general allegation of demand of dowry and subjecting the deceased to cruelty has been made against the applicant. Further, the P.W. 1 and P.W. 2 who is parents of the deceased has not supported the prosecution story during trial. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is
also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 08.10.2019 having no criminal history.
Per contra, learned AGA for the State has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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.
Let the applicant- Anil Kumar @ Sonu, be released on bail in the aforesaid case crime number on furnishing a personal bond and two heavy 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:-
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.
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.
The bail application is allowed .
Order Date :- 14.3.2023
RPD
Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant may be enlarged on bail during the trial stage given the allegations of dowry death.
Whether the conditions for bail should be framed to prevent tampering with evidence and ensuring trial attendance.
7 provisions across 5 enactments
Anil Kumar @ Sonu
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
