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

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13681 of 2023 Applicant :- Pyare Opposite Party :- State Of U.P., Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Manoj Kumar Singh, learned counsel for the applicant, Shri Hari Shanker Maurya, learned AGA 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.209 of 2023, under Sections 498-A, 304-B I.P.C., and Section 3/4 D.P. Act, Police Station Khairighat, District Bahraich.

¶3Learned counsel for the applicant has submitted that general allegations of dowry demand has been levelled by the father of the deceased. In the FIR, it is mentioned that marriage was performed prior to six years and additional dowry of one Splendour motorcycle was demanded by in-laws of the deceased. Learned counsel has invited attention of this Court towards the statement of husband of the deceased in which he has stated that there was some quarrel between his father (Applicant) and the deceased. He also mentioned that his wife was issue-less for the last six years and was under depression as such she committed suicide .

¶4Learned counsel further submitted that for the last six years of marriage, there was no harassment or any complaint of dowry demand against the applicant except the present case. Learned counsel submitted 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 hanging and the cause of death is due to asphyxia, as a result of ante-mortem hanging. It has been submitted that applicant is in jail since 24.06.2023 having no criminal antecedents to his credit.

¶5Learned AGA opposed the prayer for bail and submitted that it is a case of dowry death and applicant is involved in commission of crime as such bail of the applicant is liable to be rejected.

¶6Without expressing any opinion on the merits of the case, after hearing learned counsel for the parties and considering argument that deceased committed suicide because she has no issue; argument that for the last six years, no complaint regarding dowry harassment has been made; argument that general allegations of dowry demand has been made; argument that no injury has been found on the person of the deceased except the ligature mark on the neck as such in my opinion, it is a fit case for grant of bail.

¶7Let the applicant, Pyare, 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