Allowed

Mustak @ Goli v. State of U.P. Thru. Prin. Secy. Home, Civil Secrt. Lko.

Allahabad HC25 Jul 2024/15303/2023

Case brief

AI extract

What is this about?

In an application for bail in a dowry death case, the High Court granted bail to the accused. The court noted the allegation of general dowry demand and lack of prior criminal history. Bail was granted subject to conditions ensuring the accused appears for evidence and specific trial stages.

What did the court decide?

Applicant released on bail with personal bond and sureties; directed to appear for specific trial dates.

Mustak @ Goli Vs State of U.P. Thru. Prin. Secy. Home… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:50534

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Court No. - 32

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15303 of 2023

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Applicant :- Mustak @ Goli Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Secrt. Lko.

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Counsel for Applicant :- Rajeev Kumar Mishra Rudra Counsel for Opposite Party :- G.A.,Anoop Kumar Upadhyay

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Hon'ble Brij Raj Singh,J.

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1. Case has been taken up through video conferencing.

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2 . Heard learned counsel for the applicant, Sri Rakesh Singh learned A.G.A. for the State and Sri Anoop Kumar Upadhyay, learned counsel for the complainant.

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3. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.207 of 2023 under Sections 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, Police Station Khargupur, District Gonda.

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4. It has been submitted by learned counsel for the applicant that general allegation of dowry demand has been levelled in the FIR. Learned counsel for the applicant has submitted that applicant was working as labourer in Mumbai and he could not keep the deceased with him in Mumbai because his income was very meager that is why she was unhappy and committed suicide by hanging. It has also been submitted by learned counsel for the applicant that at the relevant time, the applicant was in Mumbai. The postmortem report indicates that the deceased died due to hanging and only one injury was found on the body of the deceased i.e. ligature mark which was caused due to hanging. The applicant has no previous criminal history and he is in jail for the last more than one year i.e. 10.07.2024.

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5. Learned A.G.A. has opposed the prayer for bail and has submitted that it is a case of dowry death, therefore, the applicant is not entitled to be released on bail.

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6. Sri Anoop Kumar Upadhyay, learned counsel for the complainant has also opposed the prayer for bail and has submitted that it is case of dowry death and the applicant being husband did not fulfill his duty as husband and due to torture this incident took place, therefore, presumption goes against the him.

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7. Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and looking into overall facts and circumstances of the case as well as the argument that the deceased committed suicide by hanging and no external or internal injury was found on the person of the deceased except the ligature marks which was caused by hanging and the argument that general allegation of dowry demand was levelled against the applicant and his family members, therefore, I am of the opinion that the applicant is entitled to be released on bail.

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8. The bail application of the applicant is allowed .

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9. However, trial court concerned is directed to conclude the trial expeditiously, preferably, within a period of ten months without granting unnecessary adjournments to either of the parties.

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10. Let applicant, namely, Mustak @ Goli , be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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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

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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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It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order.

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(Brij Raj Singh, J.)

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Order Date :- 25.7.2024 dk/

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Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Mustak @ Goli v. State of U.P. Thru. Prin. Secy. Home, Civil Secrt. Lko.

Case brief

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Mustak @ Goli v. State of U.P. Thru. Prin. Secy. Home, Civil Secrt. Lko.

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