Shri Krishn v. State of U.P

Court No. -65 Case :-CRIMINAL MISC. BAIL APPLICATION No. -42187 of 2023 Applicant :-Shri Krishn Opposite Party :-State of U.P. Counsel for Applicant :-Satya Prakash Chaturvedi Counsel for Opposite Party :-G.A.,Gaurav Tiwari,Renu Swarnkar Hon'ble Rajeev Misra,J. Heard Mr. Satya Prakash Chaturvedi, the learned counsel for applicant and the learned A.G.A. for State. Perused the record. This application for bail has been filed by applicant Shri Krishn seeking his enlargement on bail in Case Crime No. 19 of 2023, under Sections 498-A, 304-B IPC and Sections 3/4 Dowry Prohibition Act, P.S. Sirsa Kalar, District Jalaun, during the pendency of trial. Learned counsel for applicant contends that though applicant is a named and charge sheeted accused, inasmuch as charge sheet has been submitted against applicant on 11.03.2023, yet the applicant is liable to be enlarged on bail. The wife of the applicant i.e. deceased was earlier married to one Santram. However, without obtaining divorce from first husband, the deceased was married to the applicant. On above premise, he submits that the marriage of the deceased with the applicant was void ab initio. It is next contended that occurrence has occurred after expiry of a period of 2 years and 8 months from the date of marriage of applicant with the deceased. Bona fide of applicant is explicit from the fact that the Autopsy Surgeon, who conducted autoposy of the body of the deceased, did not find any other external ante mortem injury on the body of the deceased except the ligature mark. According to the learned counsel for applicant, deceased was a short tempered lady and she has taken the extreme step of committing suicide by hanging herself. Attention of the Court was then invited to the F.I.R. and on basis thereof he submits that the allegations made with regard to demand of dowry has been specified to Rs. 10,000/-. He submits that aforesaid allegation made in the F.I.R. is not worthy of credit, therefore, liable to ignored by this Court. Even otherwise, applicant is a man of clean antecedents having no criminal history to his credit. Applicant is in jail since 14.02.2023. As such, he has undergone more than 8 months of incarceration. The police report in terms of Section 173 (2) Cr. P. C. i.e. charge sheet has already been submitted. As such, the entire evidence sought to be relied upon by the prosecution against applicant stands crystallized, yet upto this stage no such circumstance has emerged necessitating the custodial arrest of applicant during the pendency of trial, Per contra, the learned A.G.A. has opposed the prayer for bail. He submits that applicant is a named as well as charge sheeted accused, therefore, he does not deserve any indulgence by this Court. The death of the deceased occurred at the marital home of deceased and within 7 years of her marriage. As such the death of the deceased is a dowry death. The deceased was a young lady and her death has occurred in unnatural circumstance. By reason of above, burden is upon the applicant to not only explain the manner of occurrence but also his innocence, in terms of Section 106 and 113 B of Evidence Act. However, the applicant has miserably failed to discharge the said burden upto this stage. They, therefore, submit that no sympathy be shown by this Court in favour of applicant. However, they could not dislodge the factual/legal submissions urged by the learned counsel for applicant with reference to the record at this stage. Having heard the learned counsel for applicant, the learned A.G.A. for state, the learned counsel for first informant, upon perusal of material brought on record, evidence, nature of offence, gravity, complicity of the accused, accusation made and coupled with the fact that applicant is the second husband of the deceased, the marriage of the deceased was solemnized with the applicant without obtaining divorce from the first husband, the allegations made in the F.I.R. regarding demand of dowry are not worthy of credit, the clean antecedents of applicant, the period of incarceration undergone by applicant, the police report in terms of Section 173 (2) Cr. P. C. i.e. charge sheet has already been submitted, as such, the entire evidence sought to be relied upon by the prosecution against applicant stands crystallized, yet upto this stage no such circumstance has emerged necessitating the custodial arrest of applicant during the pendency of trial, therefore, irrespective of objections raised by the learned A.G.A., but without making any comments on merits of the case, the applicant has made out a case for bail. Accordingly, the bail application is allowed. Let the applicant Shri Krishn involved in aforesaid case crime number, be released on bail on his furnishing a personal bond with 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 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.

(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 I.P.C..

(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., 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.

(iv) 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.

(v) The trial court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant. However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above. Order Date :- 1.11.2023 HSM High Court of Judicature at Allahabad