Prem Pal v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48453 of 2023 Applicant :- Prem Pal Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Kuldeep Singh Yadav, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

¶3This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Prem Pal, seeking enlargement on bail during trial in connection with Case Crime No. 165 of 2023, under Sections 498-A, 304-B, 201 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Saifai, District Etawah.

¶4Learned counsel for the applicant argued that the applicant is the father-in-law of the deceased Sapna. He has been falsely implicated in the present case. It is argued that the marriage of Smt. Sapna was solemnized with Rahul the son of the applicant on 25.01.2022. It is further argued that general and omnibus allegations have been levelled against the applicant and all the accused persons. It is argued that the deceased was brought to the Community Head Centre, Karhal, Mainpuri on 02.08.2023 for treatment of snake bite and she died on the same day. Even affidavits of villagers have been given stating that the deceased suffered snake bite. It is argued that co-accused Smt. Manoj Devi the mother-in-law of the deceased has been granted bail by a co-ordinate Bench of this Court vide order dated 01.11.2023 passed in Criminal Misc. Bail Application No. 46182 of 2023, the copy of the said order has been produced before the Court which is taken on record. The applicant has no criminal history as stated in para 24 of the affidavit and is in jail since 10.08.2023.

¶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. Co-accused Smt. Manoj Devi 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-Prem Pal, 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 :- 9.11.2023 AS Rathore (Samit Gopal,J.) High Court of Judicature at Allahabad