Allahabad High Court
Dharma Raj vs State Of U.P. on 1 July, 2021
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- BAIL No. - 6373 of 2021
Applicant :- Dharma Raj
Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Kumar,Ajay Deep Verma
Counsel for Opposite Party :- G.A.
Hon'ble Alok Mathur,J.
1. Heard Sri Arvind Kumar, learned counsel for the applicant, learned A.G.A. for the State through video conferencing and perused the material available on record.
2. This application has been moved for grant of bail in Case Crime No.15 of 2021, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station - Jaidpur, District - Barabanki..
3. Learned counsel for the applicant submits that present litigation is an out come of the matrimonial dispute. It is submitted that according to the first information report the brother of the deceased lady has stated that he received information in the night of 4.1.201 about death of his sister who was suddenly taken ill in the night and taken to hospital but before reaching the hospital she passed away. It has been submitted that there are general allegations against the applicant, who is father-in-law of the deceased. He has relied upon the judgment of Hon'ble Apex Court in the case of Geeta Mehrotra Vs. State of U.P., (2012) 10 SCC 741 and has submitted that these facts have also been taken cognizance by the Apex Court whereby the Court stated that there are large number of false and frivolous cases lodged against the entire family members of the husband and submitted that there are general allegations against the applicant and therefore as per the judgment of Apex Court in the case of Geeta Mehrotra (supra) such a prosecution would amount to abuse of process of law. It has also been submitted that charge sheet has been filed and in the entire investigation no specific role of the applicant has come.
4. Learned A.G.A., on the other hand, though has opposed the application for bail but could not dispute the aforesaid contentions of learned counsel for the applicant.
5. Considering the facts and circumstances of the case, considering the fact that during investigation no specific role has been assigned to the applicant, who is father-in -law of the deceased and also looking into the law laid down by Hon'ble Apex Court in the case of Geeta Mehrotra (Supra) and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
6. Let applicant-Dharma Raj be released on bail in Case Crime No.15 of 2021, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station - Jaidpur, District - Barabanki on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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 her counsel. In case of her 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 her 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. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
8.This order shall not influence the trial court for proceeding the trial.
9. The application stands disposed of.
10. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
11. The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 1.7.2021
RKM.
