Neutral Citation No. - 2024:AHC-LKO:9038
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2456
of 2023
Applicant :- Dharmender @ Dharmendra
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil
Secrett. U.P. Lko.
Counsel for Applicant :- Raghunath Prasad
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for
the State as well as perused the record.
The present bail application has been filed by accused-applicant
seeking bail in Case Crime No.191 of 2022, under Sections
498-A, 304-B I.P.C. & Sections 3/4 D.P. Act, P.S. Hariyawan,
District Hardoi.
It is alleged in the F.I.R. that daughter of the informant Shanti
was married one year ago with Dharmendra. Since the
marriage, Dharmendra, Madhurpal, Ahimanyu have committed
atrocities upon the deceased for dowry. Several times punchyat
has taken place. On 04.06.2022 at about 02:00 pm, informant
received the phone call that his daughter has committed suicide.
Learned counsel for applicant submits that applicant is
innocent. He has been falsely implicated. Cause of death is
asphyxia as a result of ante mortem hanging. Prosecution
witness in their statement under Section 161 Cr.P.C. has made
general and sweeping allegations regarding the demand of
dowry, there is no specific time or date has been given to show
that demand of dowry was made in close proximity to the death
of the deceased. The applicant is in jail since 08.06.2022.
Learned A.G.A. has opposed the bail prayer.
On due consideration to the submissions advanced, perusal of
the record as also the fact that the applicant is languishing in jail
since 08.06.2022, applicant has no criminal history so also the
statement of prosecution witnesses and the post mortem report,
without expressing any opinion on merits of the case, I find it to
be a fit case for enlarging the applicant on bail.
Accordingly, the bail application is allowed.
Let the applicant Dharmender @ Dharmendra be released on
bail in aforesaid case crime number subject to his furnishing a
personal bond and two reliable sureties each in the like amount
to the satisfaction of the trial court concerned with the
following conditions:
(i) The applicant will not tamper with the evidence during the
trial.
(ii) The applicant will not pressurize/ intimidate the prosecution
witness.
(iii) 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 or tamper with the
evidence.
(iv) 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.
(v) 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.
(vi) 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.
Order Date :- 31.1.2024
Saurabh Yadav/-
Digitally signed by :-
SAURABH YADAV
High Court of Judicature at Allahabad,
Lucknow Bench