Ramesh Kumar @ Suresh Kumar v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13880 of 2023 Applicant :- Ramesh Kumar @ Suresh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arun Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Learned A.G.A. informs that she has procured complete instructions in the matter and charge sheet in this case has also been submitted.

¶2Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

¶3This bail application has been moved by the accused/applicant-Ramesh Kumar @ Suresh Kumar for grant of bail, in Case Crime No. 157 of 2023, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station Hardutt Nagar Girant, District Shrawasti, during trial.

¶4Learned counsel for the accused-applicant while pressing the bail application submits that applicant is the father-in-law of the deceased, whose marriage was solemnized with the son of the applicant about five years before lodging of the first information report and she appears to have committed suicide.

¶5It is vehemently submitted that since the marriage of the deceased with the son of the applicant, the applicant was living separately in the same house and was not having any concern with their affairs and since he was living separately, he may not be obliged to explain the circumstances under which the deceased has either been done to death or has committed suicide, as the same may only be explained by the husband, who was residing/living with the deceased.

¶6It is also submitted that general allegations of demand of Rs. 1 lac and committing cruelty in lieu thereof have been levelled, however, in presence of the husband of the deceased the applicant may not be the beneficiary of the dowry which was being allegedly demanded. Applicant is aged about 55 years and is detained in prison in this case since 04.08.2023 and he is not having any criminal history. Charge sheet in this case has already been filed and there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty.

¶7Learned A.G.A., however, opposes the prayer of bail of the applicant and while drawing the attention of this Court towards the postmortem report, submits that it is a case where two ligature marks have been found and also that there is no proof of separate living and, thus, having regard to the manner in which the deceased has been done to death, the applicant is not entitled to be released on bail.

¶8Having heard learned counsel for the parties and having perused the record, it is reflected that the applicant is the father-in-law of the deceased. The deceased had died a little after five years of her marriage with the son of the applicant. In the postmortem report where two ligature marks are shown to have been found around the neck of the deceased without any other external injury. The doctors have ascertained the cause of death is 'asphyxia', as a result of 'antemortem hanging'. The defence of the applicant appears to be that he was living separately in the same house and, therefore, he may not be obliged to explain the circumstances under which the deceased has either been done to death or has committed suicide. It is further the defence of the applicant that in presence of the husband, he may not be the beneficiary of the dowry which was being allegedly demanded. Applicant is in jail in this case since 04.08.2023 without any criminal antecedents. Charge sheet in this case has also been filed and the presence of the applicant could be secured before the trial court by placing adequate conditions.

¶9Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed.

¶10Let the accused/applicant-Ramesh Kumar @ Suresh Kumar involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶11In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶12Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

¶13Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case. Order Date :- 23.11.2023 Praveen High Court of Judicature at Allahabad, Lucknow Bench