Held that the applicant is entitled to bail in a case under Sections 498A, 304-B IPC and D.P. Act due to the hostile testimony of key prosecution witnesses and lack of prior criminal history.
Applicant released on bail on furnishing personal bond and two sureties.
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Neutral Citation No. - 2024:AHC-LKO:45209
Court No. - 32
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15468 of 2023
Applicant :- Vineet Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vivek Kumar Divedi Counsel for Opposite Party :- G.A.
Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the applicant and Sri Rajdeep Singh, learned A.G.A. for the State.
2. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.440 of 2022 under Sections 498A, 304-B IPC and under Section 3/4 D. P. Act, Police-Station Baghauli DistrictHardoi.
3. It has been submitted by learned counsel for the applicant that deceased got injuries while coming down from the ladder and the applicant was not involved in the commission of crime in any manner. Learned counsel for the applicant has further submitted that Atma Ram (P.W.-1), father of the deceased has not supported the prosecution case before the trial court and in his cross-examination, he deposed that he had married his daughter in the year 2017 with the applicant without giving any dowry. He further deposed that no dowry was ever demanded by the applicant and his family members. He also deposed that his daughter was not beaten on the date of incident by the applicant, rather she fell down from the ladder and received injuries. Lastly, P.W.-1 has been declared hostile .
4. Learned counsel for the applicant has drawn attention of this Court towards that statement of Smt. Sarla (P.W.-2), who has also not supported the prosecution case in the cross-examination and she deposed before the court below that her daughter was suffering from Epilepsy.
5. Learned counsel for the applicant has submitted that the applicant is in jail since 29.10.2022,which has been stated in
para-2 of the supplementary affidavit filed on 23.05.2023 and the applicant has no previous criminal history
6. Learned A.G.A. though opposed the prayer for bail but could not dispute the facts that Atma Ram ( P.W.-1), father of the deceased has been declared hostile and the mother of the deceased/ Smt. Sarla ( P.W.2) has also not supported the prosecution case .
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 father of the deceased (P.W.-1) has been declared hostile and the mother of the deceased (P.W.2) has also not supported the prosecution case, therefore, I am of the opinion that the applicant is entitled to be released on bail.
8. The bail application of the applicant is allowed.
9. Let applicant, namely, Vineet , 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 :-
(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.
(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.
(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.
(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.
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.
(Brij Raj Singh, J.)
Order Date :- 3.7.2024 dk/
Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to bail given the hostility of the prosecution witnesses regarding the cause of death.
4 provisions across 2 enactments
Vineet
State Of U.P.
Brij Raj Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
