Ranjeet Singh v. State of U.P. Thru. Addl. Chief Secy. Prin. Secy. Home Lko. and Another

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10330 of 2023 Applicant :- Ranjeet Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Himanshu Tiwari,Vedika Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

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

¶2The present bail application has been filed by the applicant with a prayer to enlarge `him on bail in Case Crime No.FIR No.0160 of 2023 under Section 306 IPC, PS Kotwali Dehat, district Bahraich.

¶3Learned counsel for the applicant has submitted that deceased was married with the applicant prior to 13 years and one child is born out of the wedlock who is 11 years of age at the moment. It has been submitted by the learned counsel for the applicant that the allegation levelled in the FIR is that the applicant is heavy drinker and he used to ask money from the deceased wife and also used to torture her. The FIR indicates that the applicant was not fulfilling the duty as a husband and the deceased was harassed by him and he is an unemployed person. On the date of incident, the deceased committed suicide out of frustration but the applicant did not do any active act in commission of crime. He has further submitted that there is no ingredients available on record under Section 107 IPC which indicates that the applicant's act was so positive that the deceased was forced to commit suicide. He has further submitted that the deceased committed suicide out of frustration but the applicant may not be held responsible. He has further submitted that there is no internal and external injury found on the person of the deceased except ligature mark around the neck which indicates that the deceased committed suicide by hanging herself. It has been further submitted that the applicant has no criminal history and he is in jail since 24.4.2023.

¶4On the other hand, learned A.G.A. has opposed the bail and has submitted that deceased committed suicide by torture mounted by the applicant.

¶5Considering over all facts and circumstances of the case, the argument that deceased committed suicide by hanging herself, the applicant did not do any active act in abetment of crime, the argument that there is no direct and clinching evidence found against the applicant, it is a fit case for bail.

¶6Let the applicant, Ranjeet 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 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.

¶7It 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 :- 17.10.2023 Rajneesh JR-PS) High Court of Judicature at Allahabad, Lucknow Bench