Allowed

Raja Singh v. State of U.P.

Allahabad HC10 Feb 2023BAIL/54716/2019

Case brief

AI extract

What is this about?

Single Judge transferred criminal bail application under Section 439 Cr.P.C. allowed bail to Raja Singh accused of dowry-related offences causing death. Court considered custody duration, trial delay, and lack of criminal history, emphasizing non-prejudice to trial proceedings.

What did the court decide?

Release of applicant Raja Singh on bail on personal bond and two sureties with conditions against tampering and criminal activity.

Raja Singh Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2023)

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54716 of 2019

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Applicant :- Raja Singh Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Dixit,Nanhe Lal Tripathi,Sanjay Singh Sengar

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Counsel for Opposite Party :- G.A.,Manish Kumar,Manoj Kumar

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Hon'ble Krishan Pahal,J.

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None is present on behalf of the informant even in the revised call.

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Heard Sri Raja Ram Kushwaha, learned counsel for the applicant as well as Sri Ram Mohit Yadav, learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed u/s 439 of Cr.P.C. on behalf of the applicant with a prayer to release him on bail in Case Crime No. 249 of 2018, under Sections 498-A, 304-B of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Kurara, District Hameerpur, during the pendency of trial.

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As per prosecution story, the marriage of Vimlesh Kumari, daughter of the informant was solemnized with the applicant on 24.05.2015 as per Hindu Rites and Rituals. The applicant and his family members are stated to have subjected her to cruelty for a demand of dowry of Rs.20,000/- along with a motorcycle and a buffalo and thereby leading to her death on 16.11.2018.

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It is submitted by the learned counsel for the applicant that he has been falsely implicated in the present case. The informant and his family members were present at the time of recording of inquest and even the informant is one of the Panch witness i.e. Panch Witness No.3. The FIR is delayed by about four days and there is no explanation of the said delay caused. Learned counsel has argued that had the applicant committed the said offence, his name would have been found mentioned in the inquest report itself. The said FIR has been lodged after due deliberations and

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consultations. The applicant has a male child of tender age. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. There is no likelihood of trial being concluded in near future. The applicant is languishing in jail since 06.12.2018 having no criminal history to his credit, deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with the trial.

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Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

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It has been held by the Apex Court in the case of Union of India Vs. K.A. Najeeb reported in AIR 2021 SC 712 that we are conscious of the fact that the charges levelled against the respondent are grave and a serious threat to societal harmony. Had it been a case at the threshold, we would have outrightly turned down the respondent's prayer. However, keeping in mind the length of the period spent by him in custody and the unlikelihood of the trial being completed anytime soon, the High Court appears to have been left with no other option except to grant bail.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature of offence, evidence on record, stage of trial and considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the merits of the case, I find it a fit case for releasing the applicant on bail.

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Without expressing any opinion on the merits, the bail application is allowed . Let the applicant Raja Singh involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 10.2.2023 Siddhant

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Raja Singh v. State of U.P.

Case brief

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Raja Singh v. State of U.P.

Case brief

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