Allahabad High Court
Narayan Singh vs State Of U.P. on 22 January, 2021
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 30
Case :- BAIL No. - 819 of 2021
Applicant :- Narayan Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
The case is called out.
Heard learned counsel for the bail-applicant and learned A.G.A. for the State and perused the record.
The present bail application is filed on behalf of the accused-applicant-Narayan Singh, who is involved in Case Crime No.11 of 2020, under Sections 306, 323 of I.P.C., registered at Police Station Chandan Chouki, District Kheri.
The occasion of present bail application has arisen on rejection of bail plea of applicant by learned Sessions Judge, Lakhimpur Kheri vide order dated 20.11.2020. A copy of the bail application has already been received in the office of learned G.A.
Learned counsel on reading over the first information report submits that as per prosecution story, the daughter of complainant, having love affair with the accused-applicant, was living with him as a married couple but the father and mother of the accused-applicant used to beat the victim. After few days, the victim was brought to her parent's house by her husband and her in-laws but after reconciling the matter, she was again taken back by them. On 31.03.2020, the complainant got information that his daughter (victim), after getting angry with the accused-applicant, went towards forest and committed suicide by hanging in the forest. The dead body of the victim was brought by her husband and in-laws to their home.
In the above context, learned counsel submits that the inquest report shows that an uncle of the accused-applicant namely Govind Kumar is witness to the inquest proceedings and the post-mortem report shows that there is no anti-mortem injury and the cause of death is shown as asphyxia as a result of anti-mortem hanging.
Learned counsel further submits that during investigation, the statements were recorded and as per statements, the deceased was in love affair with the accused-applicant and they both were living with the consent of their parents. When the dead body of deceased was brought to the house of accused-applicant, the complainant was also present there. Learned counsel further submits that the deceased was under pressure of her father for her marriage against her wishes, therefore, the deceased committed suicide.
Learned counsel further submits that the accused-applicant is a local resident of the area, is a common man, is not in a position to flee away from the process of the Court, is a law abiding person, is languishing in jail since 24.07.2020 for no fault on his part, having no criminal history, therefore, when he is willing to face the trial, he deserves to be granted bail.
Learned A.G.A. protesting the bail-application submits that the accused-applicant is involved in the offence, therefore, accused-applicant is not innocent, however, he submits that the investigation has already been concluded. So far as the charge sheet with regard to the offence made out against the accused applicant is submitted before the trial.
Keeping into mind the valuable right of personal liberty and the fundamental principle not to disbelieve a person to be innocent unless held guilty and if he is not arraigned with the charge of an offence for which the law has put on him a reverse burden of proving his innocence as, held in the judgment of Hon'ble the Supreme Court in Dataram Singh Vs. State of U.P. and ors. reported in (2018) 3 SCC 22, I find force in the submission of learned counsel for the bail-applicant to enlarge him on bail.
Let applicant (Narayan Singh) involved in Case Crime No.11 of 2020, under Sections 306, 323 of I.P.C., registered at Police Station Chandan Chouki, District Kheri be released on bail on his furnishing personal bond of Rs.1,00,000/- and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional 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 misuse 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 applicants 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 :- 22.1.2021
Saurabh
