Allahabad High Court
Viresh vs State Of U.P. on 24 November, 2022
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52089 of 2022 Applicant :- Viresh Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Shantam Counsel for Opposite Party :- G.A. Hon'ble Rahul Chaturvedi,J.
Heard Sri Vijay Shantam, learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is husband involved in case crime no.258 of 2021, under Sections 498-A, 323, 304-B IPC and Section 3/4 of the Dowry Prohibition Act, Police Station-Dadon, District-Aligarh is seeking enlargement on bail during the trial.The applicant is in jail since 19.10.2021.
Submission made by learned counsel for the applicant is that the present FIR was registered by Ompal Singh under Sections 498A, 323, 304B IPC and Section 3/4 D.P.Act on 06.10.2021 for the incident said to have been taken place on 03.10.2021 against the applicant. As mentioned above the applicant is husband.
I have carefully gone through the incident. The marriage was solemnized about 5 years back The couple were blessed with two kids. It is alleged that the informant has spent about Rs. 6 lakhs in the marriage and on account of unspecified demand of additional dowry, she was subject matter of harassment and torture and on the date of incident, the informant was informed that her sister was brutally beaten and strangulated by neck and hanged on Khooti. The informant rushed to site and have taken away his sister from that Khooti and rushed to the hospital and on ext day she took her last breath.
In the 161 Cr.P.C. statement, there is unspecified demand of additional dowry and its related harassment but facts remains that as per the doctor there is ligature mark around the neck but anyhow she was saved and rushed to the hospital and on very next day she died on 04.10.2021 at 11.20 p.m.. The autopsy report indicates that the cause of death is "Cardiopulmonary arrest due to delayed asphyxia as a result of partial hanging". Thus it is clear that for some incident she seems to be hyper sensitive lady and on her own she tried to commit suicide but she was saves by providence but eventually she died on account of cardio pulomonary arrest.
Learned A.G.A opposed the prayer for bail by making a mention that the incident is within seven years of marriage but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant, Viresh, 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/APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE/THEY SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES IS/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/APPLICANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER/THEIR COUNSEL. IN CASE OF HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIS/HER/THEIR UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT/APPLICANTS MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT/APPLICANTS FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIS/HER/THEIR, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANT/APPLICANTS 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/APPLICANTS IS/ARE 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 HIS/HER/THEIR IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT/APPLICANTS.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant/applicants to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:
1. The applicant/applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is/are restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
2. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
3. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
4. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.11.2022 Abhishek Sri.