Vinya Kumar @ Shri Ram v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12760 of 2023 Applicant :- Vinya Kumar @ Shri Ram Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. Counsel for Applicant :- Tripuresh Mishra,Chandrika Rani Upadhyay,Girish Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicant and Sri M.V.S. Chauhan, learned A.G.A. for the State.

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.218 of 2023, under sections 498-A, 304-B IPC and 3/4 D.P. Act, Police Station Jaidpur District Barabanki.

¶3It has been submitted by learned counsel for the applicant that brother of the deceased lodged FIR making general allegation of dowry demand and he has mentioned that Rs.1,00,000/- and a golden chain was additionally demanded by in-laws of the deceased that is why she committed suicide. Learned counsel for the applicant has submitted that marriage had taken place prior to six years and the deceased was suffering from various diseases and she was many times pregnant but abortion took place and she could not give birth to a child. Learned counsel for the applicant has submitted that sufficient medical treatment was given to the deceased and medical papers have been annexed as Annexure no.2 to the affidavit filed in support of the the bail application. He has further submitted that Investigating Officer has recorded in his case diary that he was informed by many villagers that the deceased was suffering from various diseases and she was under depression. Learned counsel for the applicant has submitted that deceased had committed suicide by consuming poison and in the viscera report Organophosphorus insecticides poison was found and she consumed the said poison herself. Learned counsel for the applicant has submitted that the applicant is Dewar.The applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tempering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is in jail since 26.08.2023.

¶4Learned A.G.A. has opposed the prayer for bail and he has submitted that it is case of dowry and the applicant being Dewar is also responsible, therefore, the applicant is not entitled for bail.

¶5Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and looking into overall facts and circumstances of the case as well as the argument that general allegation of dowry demand has been levelled against the applicant and the argument that the deceased was suffering from various diseases and had committed suicide, therefore, I am of the opinion that the applicant is entitled to be released on bail.

¶6Let the applicant, namely, Vinya Kumar @ Shri Ram, 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. It 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 :- 31.10.2023 dk/ High Court of Judicature at Allahabad, Lucknow Bench