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

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13668 of 2023 Applicant :- Vijay Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Anamika Singh,Paritosh Shukla Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Ms. Anamika Singh, learned counsel for the applicant, Shri G.D. Bhatt, learned AGA-I for the State and perused the record.

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.235 of 2023, under Sections 498-A, 304-B I.P.C., and Section 3/4 D.P. Act, Police Station Naseerabad, District Raebareli.

¶3It is contended by learned counsel for the applicant that the applicant is father in law of the victim. The applicant is innocent and has been falsely implicated in the present case. General allegations of dowry demand and additional dowry demand of one four wheeler has been levelled against the applicant including the entire family members. It is further contended that the deceased was residing in Delhi before marriage along with her parents and she could not adjust herself in the family of the applicant in a small village that is why the deceased committed suicide.

¶4Learned counsel further contended that no external or internal injury has been found on the person of the deceased except the ligature mark found on the neck which was caused due to suicide by hanging. He further contended that co-accused mother-in-law Smt. Laxmi Singh has been granted bail by coordinate Bench of this Court in Criminal Misc. Bail Application No.11810 of 2023. The applicant has no criminal history. The applicant is in jail since 03.07.2023.

¶5Learned AGA opposed the prayer for bail and submitted that the applicant is involved in committing the crime because there is allegation of additional dowry demand and deceased committed suicide due to pressure of dowry demand thus, it is not a fit case for bail.

¶6Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and considering the argument that applicant is father-in-law and co-accused mother-in-law has been granted bail therefore, I am of the of the opinion that the applicant is entitled to be released on bail.

¶7Let the applicant, Vijay 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 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 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.

¶8It 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 :- 20.11.2023 Pks High Court of Judicature at Allahabad, Lucknow Bench