Dayachand v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49709 of 2023 Applicant :- Dayachand Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Manoj Kumar Dubey, learned counsel for the applicant and Sri Ajeet Kumar Madheshiya, learned Brief Holder for the State.

¶2The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 673 of 2023, under Sections 306 IPC, Police Station Vijay Nagar, District Ghaziabad during pendency of the trial.

¶3FIR of the present case was lodged against applicant and his family members on 27.08.2023 under Sections 302 IPC and according to the FIR marriage of the applicant was performed with the sister of the informant about 25 years before and after marriage applicant and his family members tortured her. It is further mentioned in the FIR that even son of the applicant beaten the sister of the informant and on 12.08.2023 applicant and other accused persons committed the murder of the sister of the informant.

¶4Learned counsel for the applicant submitted that initially FIR of the present case was lodged under Section 302 IPC but during investigation when it was found that deceased died due to hanging then case was converted under Section 306 IPC. He further submits that applicant is husband of the deceased and on the basis of false allegation of torture and abatement, he has been made accused in the present matter.

¶5He further submits that from the statement of the informant and even from the FIR, it reflects that some dispute with regard to marriage arose between mother and son and thereafter his mother i.e. deceased committed suicide by hanging herself. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 03.09.2023.

¶6Per contra, learned Brief Holder opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

¶7I have heard learned counsel for the parties and perused the record of the case.

¶8Considering the fact that marriage of the applicant was performed with the deceased about 25 years before and only vague allegation of abatement has been made against the applicant, in my view, applicant is entitled to be released on bail.

¶9Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶10Let the applicant -Dayachand be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶11In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶12It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 22.11.2023 AK Pandey High Court of Judicature at Allahabad