Triloki v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21570 of 2023 Applicant :- Triloki Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Chaudhari,Adarsh Bhushan,Anmol Kumar Dubey,Bal Mukund Singh Counsel for Opposite Party :- G.A.,Pankaj Sharma,Prashant Sharma Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State, learned counsel for the informant and perused the record.

¶2At the very outset, learned counsel for the applicant submits that the applicant is the father-in-law of the deceased. Learned counsel further submits that the son of the applicant namely, Lokesh and the deceased had solemnised love marriage against the wishes of their family. In this regard, the first informant had lodged a F.I.R. under Sections 363, 366 I.P.C. however, the deceased was major, therefore, the deceased was granted protection but the deceased and her husband Lokesh were ousted from their houses and that the deceased and her husband started living separately from their parents. He further submits that due to intervention of the villagers, the applicant had given a room and part of agricultural field to his son only to meet their livelihood. He further submits that the informant had lodged a delayed F.I.R. of the instant case by ten days without there being any plausible explanation of such an inordinate delay inspite of the fact, that the informant and the applicant are resident of the same village but no prompt F.I.R. has been lodged. Learned counsel further argued that the applicant being father of Lokesh, has been roped falsely in the present case. Learned counsel next argued that since the applicant has no concerned with the deceased and her husband thus, no question arises to demand dowry or torturing the deceased. In fact, the applicant never interfered in the domestic life of the deceased and her husband. The applicant is bereaved by the death of his daughter-in-law and prays for peace of the departed soul. The applicant did not abet or instigate the deceased to commit the suicide. The applicant, who is an old aged persons suffering from various ailments, does not have any criminal history apart from the instant case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 18.03.2022 having no criminal history.

¶3Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

¶4After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

¶5Let applicant Triloki involved in Case Crime No.0136 of 2023 under Sections 498A, 304B, 201 I.P.C., 3/4 of Dowry Prohibition Act, Police Station Hasanpur, District Amroha, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

(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.

¶6The 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 in accordance with law.

¶7The bail application is allowed. Order Date :- 3.11.2023 S.Ali High Court of Judicature at Allahabad