Kartar Singh v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49875 of 2023 Applicant :- Kartar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Kumar Pandey,Suvansit Kumar Jaiswal Counsel for Opposite Party :- G.A.,Chandra Bhan Kushwaha Hon'ble Samit Gopal,J.

¶1List revised.

¶2Sri Chandra Bhan Kushwaha, Advocate states that he has filed his vakalatnama in the office on 20.11.2023 behalf of the first informant but the same is not on record.

¶3Office is directed to trace out the same and place it on record by the next date and make a note in the order sheet regarding the same.

¶4Heard Sri Suvansit Kumar Jaiswal, learned counsel for the applicant, Sri Chandra Bhan Kushwaha, learned counsel for the first informant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

¶5This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Kartar Singh, seeking enlargement on bail during trial in connection with Case Crime No.149 of 2023 as well as Case No.17881 of 2023, under Sections 498-A, 304-B, 323 I.P.C. and 3/4 Dowry Prohibition Act, registered at Police Station Islam Nagar, District Budaun.

¶6Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is the father-in-law of the deceased. The marriage of the deceased Gudiya with Seti, the son of the applicant was solemnized ten months back. It is argued that general and omnibus allegations have been made in the FIR against the applicant and his family members. It is further argued that in the postmortem report, the deceased was found to have received a lacerated wound and one contusion but the said contusion did not contribute to her death. The cause of death is coma due to antemortem head injury which was the lacerated wound mentioned in the postmortem report. Seti, the husband of the deceased is in jail. It is argued that co-accused Mohar Shri, the mother-in-law of the deceased has been granted bail by this Court vide order dated 19.10.2023 passed in Criminal Misc. Bail Application No.42601 of 2023, copy of the same is annexed as annexure no.11 to the affidavit. The applicant is in jail since 6.6.2023.

¶7Per contra learned counsel for the first informant as well as learned counsel for the State vehemently opposed the prayer for bail.

¶8After hearing the counsel for the parties and perusing the record, it is apparent that the applicant is the father-in-law of the deceased. General and omnibus allegations have been made in the FIR against the applicant and his family members. The husband of the deceased is in jail. Mother-in-law of the deceased has been granted bail.

¶9Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

¶10Let the applicant-Kartar Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

¶11The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

¶12The bail application is allowed. (Samit Gopal, J.) Order Date :- 22.11.2023 Gaurav Kuls High Court of Judicature at Allahabad