Allahabad High Court
Ajay Kumar vs State Of U.P. Thru Prin. Secy. Home, Lko. on 9 May, 2022
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3503 of 2022 Applicant :- Ajay Kumar Opposite Party :- State Of U.P. Thru Prin. Secy. Home, Lko. Counsel for Applicant :- Anshu Singh,Krishna Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. and perused the record.
2. The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR No.376 of 2021, under Sections 498-A, 304-B IPC and 3/4 of Dowry Prohibition Act, Police Station Mallawan, District Hardoi.
3. Accused-applicant is the husband of the deceased, Komal. The marriage between the accused-applicant and the deceased took place five years before the date of incident. It is alleged that at the time of marriage, parents and the family members of the deceased gave sufficient dowry and spent around Rs.10 Lakhs. However, the accused-applicant and in-laws of the deceased were not happy with the dowry given at the time of marriage and they were torturing and harassing the deceased for further dowry. On 4.7.2021, the complainant, who is father of the deceased, got information that the deceased had committed suicide by hanging herself.
4. Post-mortem report would suggest that only one oblique ligature mark 29 cm x 3.5. cm was found on all around the neck of the deceased. The accused-applicant was in Doha, Qatar at the time of incident and he came back on the next day i.e 5.7.2021 when he got information about the death of he wife.
5. Learned counsel for the accused-applicant submits that the marriage took place five years bore the date of incident and, therefore, the allegation of dowry demand, is wholly baseless and unfounded. He further submits that even otherwise, provisions of Section 304-B IPC are not attracted in the present case though the death of the wife of the accused-applicant took place within seven years of marriage under unnatural circumstances, but two other ingredients i.e. there should be dowry demand and the deceased should have been subjected to harassment and cruelty soon before her death, are not satisfied in the present case as the accused-applicant was in Doha, Qatar at the time of incident.
6. Sri Rao Narendra Singh, learned AGA has opposed the prayer for bail, but considering the facts of the case particularly that the accused-applicant was not present in India on the date of incident and he was in Doha, Qatar when the incident took place and he came back on the next day i.e. 5.7.2021.
7. Considering the above facts and circumstances of the case, coupled with the contentions raised by the learned counsel for both sides, and without entering into the merit of the case, the applicant is entitled to be released on bail.
8. Let applicant Ajay Kumar 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 sufficient cause, the trial court may proceed against him 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 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.
Order Date :- 9.5.2022 Rao/-