Shailendra @ Ajay Singh v. State of U.P. and Another

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22823 of 2023 Applicant :- Shailendra @ Ajay Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Singh Rajput Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

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

¶2Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is the brother-in-law of the deceased. The applicant never demanded dowry or did he torture 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 sister-in-law and prays for peace of the departed soul. However, for the purpose of the bail application, it is submitted that the applicant has been roped merely on the ground that he is Dewar of the deceased on general allegations and that the marriage of the deceased was solemnised on 07.12.2015 whereas, the incident is alleged to have taken place on 31.08.2022 and the F.I.R. has been lodged on

21.10.2022. He further submits that the F.I.R. is delayed by 51 days without there being any plausible explanation of such an inordinate delay. The applicant is not involved in commission of alleged offence. The applicant resides in District Jalaun with his family. The applicant is not a flight risk. The applicant is a law abiding citizen who has cooperated with the police investigation and shall join the trial proceeding. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. The applicant is in jail since 03.04.223.

¶3Learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. He does not contest the criminal history of the applicant as disclosed in the bail application.

¶4Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

¶5Let applicant Shailendra @ Ajay Singh involved in Case Crime No. 151 of 2022 under Sections 498A, 304-B I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Sirsakalar, District Jalaun, 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 shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 of the Indian Penal Code. III. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the 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 of the Indian Penal Code. IV. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

¶6In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶7Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 5.12.2023 S.Ali High Court of Judicature at Allahabad