Ajay Singh v. State of U.P. Thru. Prin. Secy. Home, Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12139 of 2023 Applicant :- Ajay Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Paritosh Shukla, learned counsel for the accused-applicant as well as Ms. Priyanka Pandey, learned A.G.A. for the State and perused the record.

¶2This bail application has been filed seeking release of the accused/applicant Ajay Singh on bail, who is involved in Case Crime No. 251 of 2023 under Sections 498-A, 304-B I.P.C and 3/4 Dowry Prohibition Act, Police Station Lambhua, District Sultanpur.

¶3Learned counsel for the applicant submitted that the applicant is the brother-in-law (jeth) of the deceased and general allegation of dowry demand has been levelled against the applicant mentioning that Alto Car was demanded by the husband and the in-laws of the deceased. He further submitted that the applicant has separate living from the main accused Chandan Singh (husband of deceased) and his ration card in which the name of the applicant, his wife and two children is mentioned, has been annexed as annexure-8 to the afÏdavit filed in support of the bail application. He further stated that on the date of the incident, the applicant was present in Lucknow along with his family at 199 Shaheed Vihar, Ambedkar University, Lucknow and the CCTV footage, attendance register and relevant documents of the same are annexed as Annexure-7 to this bail application. He further submitted that the applicant runs an Ayurvedic medicine company in the name of 'Vizgrow Universe Private Limited' in Lucknow, and after hearing about the unfortunate incident, he had gone to Sultanpur, where the incident took place. Learned counsel for applicant has also annexed the Certificate of Incorporation and list of Shareholder and Directors of the Company of the applicant which is registered under the Companies Act.

¶4Learned counsel for the applicant further submitted that the applicant is not the beneficiary of the alleged demand of dowry as he is the brother-in-law (jeth) of the deceased and he has been falsely implicated in the present case. The case of the applicant is distinguishable from that of other accused persons. He further stated that there is no previous criminal history of the applicant and he is languishing in jail since 06.08.2023.

¶5Learned A.G.A has opposed the prayer of bail of the applicant and has submitted that that there is allegation of dowry demand and it is a case of dowry death, therefore, bail is liable to be rejected.

¶6Considering the facts and circumstances of the case, perusing the record, also considering the nature of allegations, arguments advanced by the learned counsel for the parties, the argument that the applicant is the brother-in-law (jeth) of the deceased and he has separate living in Lucknow along with his family, the argument that the role of applicant is distinguishable from that of other accused persons, the argument that on the date of incident, the applicant was present in Lucknow, I find it to be a fit case for grant of bail.

¶7Accordingly, the bail application is allowed.

¶8Let the applicant Ajay Singh be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with 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 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 sufÏcient cause, the trial court may proceed against her 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 sufÏcient 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.

¶9It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 11.10.2023 DiVYa High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench