Allahabad High Court
Monu vs State Of U.P. on 22 June, 2020
Author: Ravi Nath Tilhari
Bench: Ravi Nath Tilhari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15787 of 2020 Applicant :- Monu Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Ravi Nath Tilhari,J.
Heard Sri Upendra Upadhyay, learned counsel for the applicant, learned A.G.A for the State and Sri Sanjay Kumar Yadav, learned counsel for the informant who has filed Vakalatnama today in the Court which is taken on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, Monu, seeking enlargement on bail during trial in connection with Case Crime No. 280 of 2019, under Sections 304-B, 498-A, 323 I.P.C and 3/4 D.P. Act, registered at P.S. Jaithra, District Etah.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated. The deceased Moni was the bhabhi of the applicant and she was married to the applicant's elder brother Sonu @ Saurabh Kumar. The applicant had no concern with married life of his brother and the deceased. The applicant had no ulterior motive and was not to be benefited from death of Moni. The husband, Sonu himself, admitted the deceased on 31.07.2019 in the Apex Multi Specialty Hospital, Agra and also paid the hospital bill. The family members of the deceased took her from Agra to Saifai, as there was some dispute between husband and the deceased wife with which the applicant was not aware. The applicant was residing in another portion of house. As per the postmortem report the cause of death is partial hanging and except the injury on neck which is result of hanging, there is no external injury on the body of deceased. In the F.I.R as well as the statements recorded during the investigation, there are general allegations against all the family members of the applicant and there is neither any specific allegation against the applicant nor any overt act has been attributed to the applicant. Learned counsel for the applicant further submits that mother of the applicant (mother-in-law of deceased) has already been granted bail by the court of learned Sessions Judge, Etah vide order dated 25.12.2019. The applicant has no criminal history. There is no chance of his absconding during pendency of trial. He will not misuse the liberty of bail, if granted by this Court, and he shall cooperate with the trial proceeding. The applicant is in jail since 25.12.2019.
Per contra learned A.G.A opposed the prayer for bail but could not dispute the arguments raised by the learned counsel for the applicant.
The nature of acquisition, evidence available on record and the antecedents, but without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail in this case.
Let the applicant, Monu, 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.
The 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.
Order Date :- 22.6.2020 Vikram