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2020 Supreme(All) 199
IN THE HIGH COURT OF ALLAHABAD
REKHA DIKSHIT, J.
Mohit - Appellant
Versus
State of U.P. - Respondent
BAIL No. 6937 of 2019
Decided On : 08-01-2020
Subject
Bail - Grant of Bail
Act Referred
DOWRY PROHIBITION ACT : S.3, S.4
INDIAN PENAL CODE : S.498(a), S.304(b), S.229(a), S.174(a)
Headnote
Indian Penal Code, 1860 – Sections 174-A, 229A, 498A, 304B – Dowry Prohibition Act – Sections 3, 4 – Code of Criminal Procedure, 1973 – Sections 82, 313 –Applicant is husband of deceased –Death of deceased occurred due to hanging in which applicant has no role to play – In postmortem report, but for ligature mark, no other injury has been found on body of deceased – No other incriminating evidence has been found against applicant during investigation –Accused applicant is languishing in jail –Applicant is neither previous convict nor he has any criminal history –There is no possibility of the applicant of fleeing away from judicial custody or tampering with witnesses – Held, Applicant shall file undertaking to effect that he shall not seek any adjournment on dates fixed for evidence when witnesses are present in court – In case of default of this condition, it shall be open for trial court to treat it abuse of liberty of bail and pass orders in accordance with law – Applicant shall remain present before trial court on each date fixed, either personally or through his counsel – In case of his absence, without sufficient cause, trial court may proceed against him under Section 229-A of the Indian Penal Code – In case, applicant misuses liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and applicant fails to appear before the court on date fixed in such proclamation, then, trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of Indian Penal Code –Applicant shall remain present, in person, before trial court on 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 opinion of the trial court absence of applicant is deliberate or without sufficient cause, then it shall be open for trial court to treat such default abuse of liberty of bail and proceed against him in accordance with law – Bail Allowed. (Paras 6 and 7)
Facts of Case:
Applicant is husband of deceased –Death of deceased occurred due to hanging in which applicant has no role to play – In postmortem report, but for ligature mark, no other injury has been found on body of deceased – No other incriminating evidence has been found against applicant during investigation –Accused applicant is languishing in jail –Applicant is neither previous convict nor he has any criminal history –There is no possibility of the applicant of fleeing away from judicial custody or tampering with witnesses.
Findings of Court:
Applicant shall file undertaking to effect that he shall not seek any adjournment on dates fixed for evidence when witnesses are present in court – In case of default of this condition, it shall be open for trial court to treat it abuse of liberty of bail and pass orders in accordance with law – Applicant shall remain present before trial court on each date fixed, either personally or through his counsel – In case of his absence, without sufficient cause, trial court may proceed against him under Section 229-A of the Indian Penal Code – In case, applicant misuses liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and applicant fails to appear before the court on date fixed in such proclamation, then, trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of Indian Penal Code –Applicant shall remain present, in person, before trial court on 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 opinion of the trial court absence of applicant is deliberate or without sufficient cause, then it shall be open for trial court to treat such default abuse of liberty of bail and proceed against him in accordance with law.
Result: Bail Allowed
Advocate Appeared:
For the Appellant : Atul Verma, Akhilendra Pratap Singh
For the Respondent: G.A., Girish Kumar Pandey, Prashant Pandey
JUDGMENT :
1. Supplementary counter affidavit filed today on behalf of the complainant is taken on record. Rejoinder affidavit is also taken on record.
2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
3. Learned counsel for the applicant submits that accused applicant has falsely been implicated in the present case. It is further submitted that the applicant is husband of the deceased. It is also submitted that death of the deceased occurred due to hanging in which the applicant has no role to play. In the postmortem report, but for ligature mark, no other injury has been found on the body of the deceased. No other incriminating evidence has been found against the applicant during investigation. The accused applicant is languishing in jail since 05.03.2019 . It is next submitted that the applicant is neither a previous convict nor he has any criminal history. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
4. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
5. Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
6. Let the applicant involved in Case Crime No.82 of 2019, under Sections 498-A, 304-B I.P.C. & 3/4 Dowry Prohibition Act, Police Station Banthara, District Luckow be released on bail on his 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 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.
7. Learned trial court concerned is directed to expedite the trial and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order before the trial court, if there is no legal impediment.
