Omveer v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51814 of 2023 Applicant :- Omveer Opposite Party :- State of U.P. Counsel for Applicant :- Abrar Ahmad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Abrar Ahmad Siddiqui, 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 Omveer, seeking enlargement on bail during trial in connection with Case Crime No. 168 of 2023, under Section 306 I.P.C., registered at Police Station Nigohi, District Shahjahanpur.

¶4The FIR of the matter was lodged on 23.04.2023 under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act by Rajendra Prasad against the applicant and five other persons alleging therein that the marriage of his daughter Laxhmi was solemnized with the applicant around six years back in which he had given gifts and dowry as per his status but his son-in-law raised a demand of a motorcycle which he was unable to give, he told him many times but he did not stop troubling his daughter. On 23.04.2023 at about 03:00 pm, the accused persons murdered his daughter due to non fulfillment of the same.

¶5Learned counsel for the applicant argued that although the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is argued that the deceased committed suicide and died which is suggestive from the postmortem examination report the deceased was found to have received a single ligature mark on her body and the cause of death is asphyxia as a result of antemortem hanging. It is argued that the FIR was lodged under Sections 498-A, 304-B IPC and Section 3/4 D.P. Ac but after investigation, the Investigating Officer deleted the said sections and Section 306 IPC has been added. It is argued that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased. The applicant has no mens-rea at all. There is no overt act whatsoever of the applicant which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence. It is further argued that charge sheet has been submitted against the applicant and as such there are no chances of the applicant tampering with evidence or threatening the witnesses. He further argued that the applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 03.04.2023.

¶6Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicant is the husband of the deceased and there are allegations against him.

¶7After having heard learned counsels for the parties and perusing the records, it is evident that the deceased committed suicide and died which is evident from the postmortem examination report, the deceased was found to have received a single ligature mark on her body and the cause of death is asphyxia as a result of antemortem hanging. The FIR was lodged under Sections 498-A, 304-B IPC and Section 3/4 D.P. Ac but after investigation, the Investigating Officer deleted the said sections and Section 306 IPC has been added. There is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased. The applicant has no mens-rea at all. There is no overt act whatsoever of the applicant which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence.

¶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 Omveer, 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