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

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13943 of 2023 Applicant :- Chand Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Utkarsh Misra,Abhishek Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Utkarsh Misra, learned counsel for the accused-applicant as well as Shri G.D Bhatt, learned A.G.A. for the State and perused the record.

¶2This bail application has been filed seeking release of the accused/applicant Chand Ali on bail, who is involved in Case Crime No. 172 of 2023 under Sections 498-A, 304-B I.P.C and 3/4 D.P. Act, Police Station Kauriya, District Gonda.

¶3Learned counsel for the applicant submitted that the brother of deceased lodged the First Information Report, wherein he has mentioned that he got information on

19.05.2023 that his sister has locked herself inside a room. The complainant went to his sister's house, peeped through the window and found that his sister was hanging from the roof. It is submitted that the police came to the place of occurrence, broke the door which was locked from inside and the body of his sister was taken down to the ground. It is further mentioned in the F.I.R that additional dowry was demanded by his sister's in-laws and she was tortured for the same due to which she committed suicide. Learned counsel for applicant further submitted that the post-mortem report indicates only one ligature mark on the neck of deceased which was caused due to hanging and no external or internal injury has been found on the body of deceased and the cause of her death is Asphyxia due to anti-mortem hanging.

¶4Learned counsel for the applicant further submitted that the applicant is the father-in-law of the deceased, aged about 55 years and he has filed the Parivar Register which indicates that the applicant, his wife and his son are living separately in a separate house.. He further stated that there is no previous criminal history of the applicant and he is languishing in jail since 21.05.2023.

¶5Learned A.G.A has opposed the prayer of bail of the applicant and has submitted that it is a case of dowry death, therefore, bail is liable to be rejected.

¶6Considering 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 the deceased committed suicide by hanging herself, the argument that except for the ligature mark on the neck, no other external or internal injury is found on the body of deceased, the argument that no specific allegation of dowry demand has been levelled against the applicant in the F.I.R, the argument that the applicant has a separate living as per Parivar Register, the argument that the applicant is languishing in jail for more than six months, I find it to be a fit case for grant of bail.

¶7Accordingly, the bail application is allowed.

¶8Let the applicant Chand Ali 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.

¶9It 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 :- 29.11.2023 DiVYa/Rajneesh High Court of Judicature at Allahabad, Lucknow Bench