Raman Lala v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11420 of 2023 Applicant :- Raman Lala Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Jayveer Rajput Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Counter afÏdavit filed by learned A.G.A for the State is taken on record.

¶2Heard Shri Jayveer Rajput, learned counsel for the accused-applicant as well as Ms. Priyanka Pandey, learned A.G.A. for the State and perused the record.

¶3This bail application has been filed seeking release of the accused/applicant Raman Lala on bail, who is involved in Case Crime No. 297 of 2023 under Sections 306, 323 I.P.C, Police Station Maurawan, District Unnao.

¶4Learned counsel for the applicant submitted that the First Information Report has been lodged by the mother of the deceased wherein it is stated that the deceased was married to one Ranjeet, who was a drug addict and the relations were not good between her daughter and son-in-law, therefore, the deceased came back to her house (mayka). It is further stated that in the meantime, there was love relation between the deceased and the applicant. On 13.06.2023, the deceased was beaten by the applicant that is why she committed suicide by hanging herself. Learned counsel for applicant has drawn attention of the Court towards the statement of witnesses namely Sarvesh Rawat and Ravesh. They both have stated that the deceased was married to one Ranjeet and had no good relation with her husband and on the date of incident i.e.

13.06.2023, the deceased had asked the applicant to go along with him, but the applicant refused by saying that he will consult his family members and then only he can take decision for marriage. Both witnesses have stated that no incident of maar-peet took place and it appears that out of anger and frustration, the deceased committed suicide by hanging herself.

¶5Learned counsel for the applicant further submitted that there is no active act of applicant in instigating the deceased to commit suicide; thus Section 107 I.P.C. is not attracted in the present case. He further stated that there is no previous criminal history of the applicant and he is languishing in jail since 21.06.2023.

¶6Learned A.G.A has opposed the prayer of bail of the applicant and has submitted that the applicant has committed crime therefore, his bail is liable to be rejected.

¶7Considering 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 there is no active act of instigation on the part of the applicant, the argument that there is no direct or clinching evidence indicating the involvement of applicant in commission of crime, the argument that the deceased committed suicide out of anger and frustration, I find it to be a fit case for grant of bail.

¶8Accordingly, the bail application is allowed.

¶9Let the applicant Raman Lala 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.

¶10It 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 :- 28.10.2023 DiVYa High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench