Allahabad High Court
Vivekanand Verma Alias Mayank vs State Of U.P. on 28 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15528 of 2022 Applicant :- Vivekanand Verma Alias Mayank Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Kushwaha,Shri Krishan Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Shri Krishna Yadav, learned counsel for the applicant and Sri Munni Lal, learned AGA for the State.
The instant bail application has been moved by the applicant to release him on bail in Case Crime No. 278 of 2021, under Sections 498A, 306 IPC, Police Station Sarnath, District Varanasi during the pendency of trial.
Learned counsel for the applicant submitted that applicant is the husband of the deceased and FIR of the present case was initially registered under Sections 498A, 504, 304B IPC and 3/4 D.P. Act but during investigation the case was converted under Section 306 IPC and charge-sheet was submitted only under Section 498A and 306 IPC. He further submitted that FIR of the present case was lodged on 17.07.2021, but informant i.e. father of the deceased on 13.07.2021 i.e. four days prior moved an application to SHO G.R.P. Prayagraj to the effect that her daughter i.e. deceased died due to train accident and in respect of her death no offence was committed. He further submits that even the application dated 13.07.2021 moved by the informant shows that deceased had gone somewhere from her matrimonial home in the morning and applicant was also in search along with informant. He further submitted that on the information given by the informant i.e. father of deceased dated 13.07.2021, the inquest report of the body of deceased was prepared and in the inquest proceeding applicant, informant, mother and brother of the deceased were one of the punch witnesses and till that time no allegation was raised by any family members of the deceased either against applicant or against his family members but later on after four days on the basis of false facts, FIR of the present case was lodged. He further submitted that applicant is in jail since July, 2021. He further submitted that applicant has no criminal history and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Per contra, learned AGA opposed the prayer and submitted that deceased died under abnormal circumstances within seven years of marriage, therefore, as per provision of Section 113A of The Indian Evidence Act presumption would be drawn against the applicant and after due investigation charge-sheet was filed against the applicant in the present matter under Section 306 IPC as his complicity was found and it appears that due to harassment of applicant and his family members, deceased committed suicide but learned AGA could not dispute the fact that even before lodging the FIR i.e. on 13.07.2021, the informant himself moved an application to the GRP Police Station that his daughter died due to train accident and on his information inquest proceeding was initiated and in the inquest proceeding not only informant but family members of the deceased were witness of inquest and after four days the FIR of the case was lodged.
I have heard both the parties and perused the record of the case.
Record of the case shows that FIR of the present case was lodged on 17.07.2021 under Sections 498A, 504, 304B IPC and 3/4 D.P. Act but later on case was converted under Section 306 IPC and charge-sheet was submitted under Section 306 IPC and before lodging FIR of the case, informant himself on 13.07.2021 moved an application regarding death of his daughter that she died in the train accident to the GRP Police Station and on his application inquest was conducted and he himself in the inquest report was witness along with applicant, therefore, considering this fact as well as the fact that applicant is in jail since 23.07.2021 without expressing any opinion on the merits of the case, I am of the view that it is a fit case, in which, applicant should be released on bail. Hence, the bail application is allowed.
Let the applicant- Vivekanand Verma Alias Mayank 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:
1) The applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under section 229-A of the Indian Penal Code.
2) The applicants 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 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.
3) The applicants will not tamper with the prosecution witnesses.;
4) The applicants will not indulge in any illegal activities during the period of bail.
5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant.
Order Date :- 28.7.2022 AK Pandey