Shivakant Pandey v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56181 of 2022 Applicant :- Shivakant Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Mahadeo Singh Chandel,Ashok Kumar Rai,Pavan Kumar Pandey Counsel for Opposite Party :- G.A.,Sunil Kumar Dwivedi Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard Shri Mangala Prasad Rai, learned Senior Advocate, assisted by Shri Ashok Kumar Rai, the learned counsel for the applicant, learned A.G.A for the State as well as learned counsel for the informant and perused the record.

¶2Learned counsel for the applicant submits that the applicant is husband of the deceased, he is innocent and has been falsely implicated in the present case. Learned counsel further submits that F.I.R. was lodged by the complainant against the applicant and his other family members with the allegation that he had solemnize marriage of his daughter with the applicant on 24.06.2019, at the time of marriage sufficient dowry was given but in-laws of her daughter were not satisfied with the same and they used to make demand of additional dowry in the form two lakh rupees in cash, one golden chain and a bullet motorcycle and his daughter has also told that there is illicit relations of applicant with his sister-in-law (Bhabhi) on account of which husband of daughter of the complainant used to beat her, and on the date of incident a quarrel took place between the applicant and Bhabhi of the applicant when all other family members were not present at home and when they came on the saying of Babhi of the applicant, all the accused persons assaulted her and killed her by strangulating her neck by a rope. Learned counsel for the applicant further submits that in their statements the complainant and other witnesses have supported the prosecution case. Learned counsel for the applicant further submits in the inquest proceedings applicant was present and he is one of the witness of the same, postmortem of the deceased was conducted, wherein except one ligature mark all around the neck no other injury was found on the person of the deceased and her cause of death was found to be asphyxia as a result of ante mortem strangulation. Learned counsel for the applicant further submits that only general allegations have been made against the applicant and his family members for committing the murder of the deceased and no specific allegation has been made against any of the accused persons. Learned counsel for the applicant further submits that out of the wedlock of the deceased and the applicant a daughter was born and to show good faith two piece of land has been transferred to the minor daughter of applicant aged about three and half years by two sale deeds, by the family members of the applicant, photo copies of the sale deeds have been annexed as Annexure No.R.A.1 & R.A.2 to the rejoinder affidavit dated

28.05.2023, therefore, prayer for bail of applicant may be considered sympathetically. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 25.07.2022, having no criminal history.

¶3Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence, but they have not disputed the fact that some piece of land has been transferred by sale deeds in favour of the minor daughter of the applicant and the deceased to secure her future.

¶4After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

¶5Let applicant-Shivakant Pandey, involved in Case Crime No. 147 of 2022, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Kamasin, District Banda, be enlarged 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 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.

¶6The 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 in accordance with law.

¶7The bail application is allowed. Order Date :- 16.12.2023 Mustaqeem. High Court of Judicature at Allahabad