Bhola v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43314 of 2023 Applicant :- Bhola Opposite Party :- State of U.P. Counsel for Applicant :- Zafar Abbas,Sarve Nazir Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

¶1Heard Sri Zafar Abbas, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record.

¶2Learned counsel for the State states that he has received instructions in the matter for which he had sought time on 11.10.2023

¶3This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Bhola, seeking enlargement on bail during trial in connection with Case Crime No. 295 of 2023, under Sections 498-A, 304-B, 328, 323, 34 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Thakurdwara, District Moradabad.

¶4Learned counsel for the applicant argued that the applicant is the father-in-law of the deceased Smt. Priti. He has been falsely implicated in the present case. It is argued that the marriage of Priti the daughter of the first informant was solemnized with Ankit the son of the applicant around 21/2 year back. It is further argued that general and omnibus allegations have been levelled against the applicant and all the accused persons. The cause of death of the deceased could not be ascertained and viscera was preserved. The viscera report is still awaited. The doctor has specifically stated in the postmortem examination report that there is no external injury present over the body at the time of examination. It is argued that co-accused Smt. Santosh @ Sumitra the mother-in-law of the deceased has been granted bail by a co-ordinate Bench of this Court vide order dated 18.10.2023 passed in Criminal Misc. Bail Application No. 43204 of 2023, the copy of the said order has been produced before the Court which is taken on record. It is argued that Ankit the husband of the deceased is in jail. The applicant is in jail since 30.07.2023.

¶5Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicant is named in the first information report along with other accused persons and there are allegations against him.

¶6After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is father-in-law of the deceased. General and omnibus allegations have been levelled against the applicant and other accused persons in the first information report. The husband of the deceased is in jail. Co-accused Smt. Santosh @ Sumitra the mother-in-law of the deceased has been granted bail by a co-ordinate Bench of this Court.

¶7Looking to 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.

¶8Let the applicant-Bhola, be released on bail in the aforesaid case crime number on 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:-

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.

¶9The 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.

¶10The bail application is allowed. Order Date :- 28.10.2023/AS Rathore (Samit Gopal,J.) High Court of Judicature at Allahabad