Allahabad High Court
Krishna Pal vs State Of U.P. on 2 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44553 of 2022 Applicant :- Krishna Pal Opposite Party :- State of U.P. Counsel for Applicant :- Vijai Prakash Awasthi,Ajai Kumar Counsel for Opposite Party :- G.A.,Mahendra Singh Hon'ble Ajai Kumar Srivastava-I,J.
Heard Sri Ajai Kumar, learned counsel for the applicant, Sri Ravi Prakash Bhatt, learned A.G.A. for the State and perused the entire record.
No one has appeared on behalf of the complainant despite the fact that the name of Sri Mahendra Singh, Advocate has been shown in the cause list and also despite the fact that he has been intimated by the learned counsel for the applicant.
The instant application for bail has been moved on behalf of the applicant, Krishna Pal with the prayer to enlarge him on bail in F.I.R./Case Crime No.77 of 2022, under Sections 498-A, 304-B I.P.C. and Sections 3/4 Dowry Prohibition Act, 1961, Police Station Kunwar Gaon, District Budaun, during pendency of the trial.
Learned counsel for the applicant has submitted that the first information report is based on false and fabricated facts. The accused/applicant is innocent who has been falsely implicated in this case because of the fact that the applicant happens to be father-in-law of the deceased.
His further submission is that there are general and omnibus allegations against the present applicant in the first information report regarding demand of dowry and treating the deceased with cruelty due to non-fulfillment of alleged demand of dowry.
His next submission is that the cause of death of the deceased, according to postmortem report, is asphyxia due to antemortem hanging. There are no other external or internal injuries reported on the person of the deceased in the postmortem report.
Learned counsel for the applicant has vehemently submitted that similarly placed co-accused persons, namely, Smt. Vimla Devi, who is mother-in-law of the deceased, and Guddu @ Raj Kishor, who is brother-in-law of the deceased, have already been granted bail by the coordinate Bench of this Court vide order dated 12.10.2022 passed in Criminal Misc. Bail Application No.45145 of 2022 (Smt. Vimla Devi vs. State of U.P.) and vide order dated 16.12.2022 passed in Criminal Misc. Bail Application No.44305 of 2022 (Guddu @ Raj Kishor vs. State of U.P.) respectively. The accused/applicant is languishing in jail since 15.05.2022 who has no previous criminal history.
His further submission is that in case, the applicant is enlarged on bail, he will not misuse the liberty of bail and he will also fully cooperate with the trial court in getting the trial concluded expeditiously. He has also submitted that the applicant will not intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case.
Per contra, learned A.G.A. for the State has vehemently opposed the prayer for grant of bail by submitting that the accused/ applicant is father-in-law of the deceased against whom there are allegations of demand of dowry and treating the deceased with cruelty. However, he has been unable to dispute the fact that the cause of death of the deceased is reported to be asphyxia due to antemortem hanging and there are no other external or internal injuries on the person of the deceased in the postmortem report. He has also been unable to dispute the fact that the co-accused persons, namely, Smt. Vimla Devi and Guddu @ Raj Kishor have already been granted bail by the coordinate Bench of this Court vide order dated 12.10.2022 passed in Criminal Misc. Bail Application No.45145 of 2022 (Smt. Vimla Devi vs. State of U.P.) and vide order dated 16.12.2022 passed in Criminal Misc. Bail Application No.44305 of 2022 (Guddu @ Raj Kishor vs. State of U.P.) respectively.
Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of record, it transpires that a first information report came to be lodged against six accused persons including the present applicant. The present applicant is also stated to have demanded dowry and have treated the deceased with cruelty. The cause of death of the deceased, according to postmortem report, is asphyxia due to antemortem hanging. There are no other external or internal injuries on the person of the deceased in the postmortem report. Similarly placed co-accused persons, namely, Smt. Vimla Devi, who is mother-in-law of the deceased, and Guddu @ Raj Kishor, who is brother-in-law of the deceased, have already been granted bail by the coordinate Bench of this Court vide order dated 12.10.2022 passed in Criminal Misc. Bail Application No.45145 of 2022 (Smt. Vimla Devi vs. State of U.P.) and vide order dated 16.12.2022 passed in Criminal Misc. Bail Application No.44305 of 2022 (Guddu @ Raj Kishor vs. State of U.P.) respectively. The accused/applicant is languishing in jail since 15.05.2022 who has no previous criminal history.
Thus, having regard to overall facts and circumstances of this case and also keeping in view the arguments advanced on behalf of the parties, the nature of offence, evidence regarding the complicity of applicant and without expressing any opinion on the merit of the case, a case for bail is made out. The bail application is, thus, allowed.
Let the applicant, Krishna Pal be released on bail in the aforesaid case on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial;
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment;
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail;
4. The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
5. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, in case the witnesses are present in court;
6. 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, default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
(Ajai Kumar Srivastava-I, J.) Order Date :- 2.1.2023 cks/-