Ramsaran Verma v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51873 of 2023 Applicant :- Ramsaran Verma Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Arvind Kumar, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I 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 Ramsaran Verma, seeking enlargement on bail during trial in connection with Case Crime No. 115 of 2023, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, registered at Police Station Rudrapur, District Deoria.

¶4The FIR of the matter was lodged on 26.03.2023 by Kashiram Verma against the applicant and two other persons alleging therein that his daughter Pooja Verma was married to the applicant on

03.05.2022. After marriage there was a demand of additional dowry by the accused persons due to which she used to be physically and mentally tortured. She told him about it. He tried to counsel the accused persons. On 26.03.2023 he received an information that his daughter has been murdered by the accused persons due to non fulfillment of dowry.

¶5Learned counsel for the applicant argued that although the applicant is the husband of the deceased Pooja Verma but he has been falsely implicated in the present case. While placing para 23 of the affidavit it is argued that the deceased is the second wife of the applicant. It is argued that the marriage of the applicant was his second marriage. Further while placing para 9 of the affidavit it is argued that the applicant has two children from his previous marriage. It is argued that the deceased committed suicide and died which is evident from the fact that on the information of police about the incident by the applicant, the police came and found the door of the room to be bolted from inside. The door was an iron door and then an iron cutter was called for and the door was cut and then the deceased was found hanging with fan. The inquest on the body of the deceased was then conducted. It is argued that it is clear that the deceased committed suicide. It is argued that since the marriage of the applicant and the deceased was a second marriage there was no occasion to demand of any dowry by the applicant. He further argued that the applicant has no criminal history as stated in para 28 of the affidavit and is in jail since

27.03.2023.

¶6Per contra, learned counsel for the State opposed the prayer for bail

¶7After having heard learned counsels for the parties and perusing the records, it is evident that the deceased was found by the police in room which had reached there on the information by the applicant. The iron door of the room was bolted from inside after which the mechanic, for cutting iron was called who opened the door where she was found hanging with fan. The marriage of the applicant with the deceased with each other was a second marriage.

¶8Looking 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.

¶9Let the applicant Ramsaran Verma, 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.

¶10The 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.

¶11The bail application is allowed. Order Date :- 11.12.2023 M. ARIF (Samit Gopal, J.) High Court of Judicature at Allahabad