Sanjay Nishad v. State of U.P. Thru. Prin. Secy. Deptt. Home, Lucknow

Court No. - 9 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7836 of 2023 Applicant :- Sanjay Nishad Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home, Lucknow Counsel for Applicant :- Amrendra Nath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.

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

¶2The present bail application under Section 439 Cr.P.C. has been filed by the applicant seeking bail in FIR No.0229 of 2021 under Sections 498A, 304B, 201, 504, 506 IPC, 3/4 Dowry Prohibition Act, Police Station Malhipur, District Shrawasti.

¶3The accused-applicant is husband of the deceased-Preeti Devi, who was married with the accused on 14.05.2019. FIR in question came to be registered in compliance of the order on an application under Section 156(3) Cr.P.C. alleging that the accused-applicant and other family members named in the FIR used to demand Rs.5,00,000/- for a four wheeler car as additional dowry for which they would torture and harass the deceased. It has been further said that on 10.04.2021 the accused killed the deceased by strangulation.

¶4Parents of the deceased have been examined in the Court. They have denied allegation of dowry demand or subjecting the deceased to cruelty. The accused-applicant has been in jail since 11.09.2021.

¶5Considering the facts and circumstances of the case, evidence of the parents of the deceased, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

¶6Let applicant Sanjay Nishad be released on bail in the aforesaid case on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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 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.

(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 during trial 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 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. Order Date :- 23.6.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench