Allowed¶14

Jaseem v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC7 Nov 2024/13193/2023

Case brief

AI extract

What is this about?

Bail granted (allowed) - CRIMINAL MISC. BAIL APPLICATION 13193 of 2023, Allahabad High Court Lucknow Bench, Brij Raj Singh, J., 7.11.2024 (2024:AHC-LKO:73994). Offences: Sections 498A and 304-B IPC; Section 3/4 Dowry Prohibition Act; Case Crime No. 69 of 2023, P.S. Jagdishpur, District Amethi. Key ground: P.W.1 and P.W.2 (parents of deceased) turned hostile; no dowry demand deposed; applicant in jail since 13.03.2023, no criminal history. Conditions imposed incl. Sections 229-A, 174-A IPC, 82 & 313 Cr.P.C. No precedent cited; no quantum of bond specified.

What did the court decide?

Bail granted: applicant Jaseem to be released on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the four conditions set out in paragraphs 15-18 of the order. ¶14

Jaseem Vs State of U.P. Thru. Prin. Secy. Home Lko. — Dowry and Cruelty | Allahabad HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Jaseem, accused in Case Crime No. 69 of 2023 under Sections 498A and 304-B IPC and Section 3/4 Dowry Prohibition Act, deserves to be released on bail, in view of the hostile statements of P.W.1 and P.W.2 (parents of the deceased).

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Court's answer

Considering the overall facts and circumstances of the case, and the fact that P.W.-1 and P.W.-2 have turned hostile, it is a fit case for bail.

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Ratio / Principle

The applicant Jaseem is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions imposed in the interest of justice.

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Key takeaways

Conditions of bail: (i) undertaking not to seek adjournment on dates fixed for evidence when witnesses are present; (ii) presence before the trial court on each date fixed, failing which proceedings may follow under Section 229-A IPC; (iii) if liberty is misused and proclamation under Section 82 Cr.P.C. issues and the applicant fails to appear, proceedings under Section 174-A IPC; (iv) personal presence at opening of case, framing of charge and recording of statement under Section 313 Cr.P.C.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 28), Neutral Citation 2024:AHC-LKO:73994; CRIMINAL MISC. BAIL APPLICATION No. 13193 of 2023; decided 7.11.2024 by Hon'ble Brij Raj Singh, J. Bail allowed to applicant Jaseem, in custody since 13.03.2023 with no criminal history, in Case Crime No. 69 of 2023 under Sections 498A and 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Jagdishpur, District Amethi. Basis: trial witnesses P.W.1 (father of the deceased) and P.W.2 (mother of the deceased) have both been declared hostile; P.W.1 deposed that no dowry was demanded by the in-laws or the husband and that police did not record his statement. Learned A.G.A. opposed the prayer but did not dispute the facts. Release ordered on a personal bond and two sureties each in the like amount, with conditions covering attendance at trial, an undertaking against adjournments when witnesses are present, and consequences under Sections 229-A and 174-A IPC and Sections 82 and 313 Cr.P.C. in case of default or misuse of bail.

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Neutral Citation No. - 2024:AHC-LKO:73994

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Court No. - 28

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13193 of 2023

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Applicant :- Jaseem Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manish Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A.

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The present application has been filed seeking bail in Case Crime No. 69 of 2023 under Sections 498A and 304-B, I.P.C., and Section 3/4, Dowry Prohibition Act, P.S. Jagdishpur, District Amethi.

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Learned counsel for the applicant submits that P.W. 1, father of the deceased, was examined before the trial court and he deposed that day before the death of his daughter his wife had gone to her sasural and his daughter had told that her health was not proper and she was taking medicine for long time and she wished to die. His wife pacified her and came back to house. Later on, on the said date it was informed that his daughter had locked door from inside and it was found that she was lying dead. The door was broken and it was found that the dead-body was hanging from the fan. He has further deposed that no dowry was demanded by the in-laws or the husband and Police did not record his statement. Lastly he has been declared 'hostile'.

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Learned counsel for the applicant has filed supplementary affidavit today, bringing on record statement of P.W.-2, mother of the deceased, which indicates that she has been declared 'hostile'.

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It has been submitted by learned counsel for the applicant that after looking into statements of the P.W.1 and P.W.2/father and mother of the deceased, it cannot be inferred that the applicant was involved in commission of the said offence. The applicant is in jail since 13.03.2023 and he has no criminal history.

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Learned A.G.A. has opposed the prayer for bail, but has not disputed the aforesaid facts.

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Considering overall facts and circumstances of the case and

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also the fact that P.W.-1 and P.W.2 have turned hostile, it is a fit case for bail.

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Let the applicant Jaseem , involved in aforesaid case 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 which are being imposed in the interest of justice:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) 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. is issued and the 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 of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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.

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( Brij Raj Singh, J. )

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Order Date :- 7.11.2024 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Jaseem v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Jaseem v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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