Ajeet Kumar vs State Of U.P.
2022 Latest Caselaw 4541 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10292 of 2022
 

 
Applicant :- Ajeet Kumar
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Dhirendra Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Heard Shri Dhirendra Srivastava, learned counsel for the applicant and Sri Vishwa Deepak Mishra, learned A.G.A. for the State and perused the material on record.

The present bail application has been filed on behalf of the applicant Ajeet Kumar under Section 439 of the Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 196 of 2019 for offence punishable under Sections 498A, 304 B, 323, 326 of the Indian Penal Code and Section 3/4 Dowry Prohibition Act, registered at Police Station Sajeti District Kanpur Nagar during pendency of the trial, after rejecting the bail application of the applicant by the Sessions Judge, Ramabai Nagar (Kanpur Nagar) vide order dated 12.02.2022.

Brief facts of the case are that the First Information Report dated 26.05.2019 at 16:25 hours has been lodged by the father of the deceased against the applicant and four other family members including her husband Abhishek @ Yaduvendra stating therein that his daughter was married with the co-accused Abhishek @ Yaduvendra as per Hindu rites and customs on 09.02.2013. Just after marriage, her husband used to assault her physically for not being brought sufficient dowry and forced her to get gold ring and chain from her parents. His daughter conveyed about the additional demand of dowry to her father, who, thereafter, visited her matrimonial house where he persuaded his son-in-law, his maternal uncle, Shiv Pal including one unknown person that he had already given sufficient dowry including one motorcycle beyond his capacity and strength and now it is not possible for him to arrange and give one gold ring and chain. On such persuasion being made, his son-in-law agreed and kept mum for some days but after lapse of some time, he began to harass and torture her physically and kept her hungry. On 26.05.2019 at about 7:30 a.m. applicant along with her husband, co-accused Abhishek @ Yaduvendra, maternal uncle Shiv Pal. Sunil, applicant, her brother-in-law (Dever), her sister-in-law (Devrani) Pushpa after opinion being formed, they tied her daughter with a rope and poured kerosene oil all over her body and his son-in-law lit fire intentionally to kill as a result of which her daughter succumbed to serious burn injuries. Her daughter was admitted at Government Hospital where on his arrival at Hospital, she told him whole incident of getting her burnt by her husband and other family members and video of the alleged incident has also been clicked.

After lodging the first information report, dying declaration of injured Uma was recorded on 28.05.2019 by the Additional City Magistrate, Kanpur Nagar and another dying declaration was of the injured was also recorded by the S.I. Ved Prakash Misra, on 29.05.2019 . After death of the injured, inquest of the body of the deceased was conducted on 31.05.2019 at 10:30 a.m on the basis of information from the police. Post-mortem of the deceased was also conducted on 31.05.219 at 2:45 p.m., as per post mortem report, superficial deep burn all over body except lower part of both legs and skull hair, eyebrow, eyelashes auxiliary and pubic hair burnt and singed. After recording the statements of prosecution witnesses under section 161 Cr.P.C., charge sheet has been filed against the applicant and four other named persons. The applicant was arrested on 28.06.2019.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive and matrimonial discord. It is further submitted that the applicant is brother-in-law of the deceased. It is further submitted that allegation of demand of additional dowry and cruelty has been attributed to her husband, co-accused Abhishek @ Yaduvendra and there is no allegation of demand of additional dowry and harassment by the applicant to the deceased. It is further submitted that role of lit fire has been assigned to co-accused Abhishek @ Yaduvendra. It is further submitted that role of tying the deceased by rope has been attributed to the applicant and other co-accused persons. It is further submitted that in the second dying declaration recorded on 28.05.2019 of the injured Uma, where she stated that her husband assaulted her after taking liquer on 26.05.2019 in the morning and poured kerosene oil over her and lit fire. It is further submitted that co-accused, Smt. Pushpa Devi, (wife of the applicant) and Mister @ Shiv Prakash ( father -in-law), having identical role has been granted bail by the coordinate Bench of this Court in Criminal Misc. Bail Application No. 37911 of 2021 and 26014 of 2020 vide orders dated 09.11.2021 and 10.09.2020 respectively.

He has next argued that the applicant has no criminal history his credit. If the applicant is released on bail, he shall not misuse the liberty of bail. The applicant is not convicted in cognizable offence by any court.

Per contra, learned AGA has supported the order passed by the Sessions court and vehemently opposed the prayer for grant of bail to the applicant and submits that the allegations involved are very serious in nature and the delay in lodging the FIR cannot be said to be fatal to the case at this juncture while considering the application of bail. But he could not point out any material to the contrary. He further submits that in case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.

After considering the facts of the present case it prima facie appears that;

(a) F.I.R. has been lodged against five persons including the applicant;

(b) applicant is married brother-in-law of the deceased;

(c) general allegation of tying the deceased by rope and pouring kerosene oil has been assigned against the applicant;

(d) second dying declaration recorded on 28.05.2019, specific role has been assigned to the co-accused-Abhishek @ Yaduvendra;

(e) co-accused, Smt. Pushpa Devi,(wife of the applicant) and Mister @ Shiv Prakash (father-in-law), having identical role has been granted bail by the coordinate Bench of this Court in Criminal Misc. Bail Application No. 37911 of 2021 and 26014 of 2020 vide orders dated 09.11.2021 and 10.09.2020 respectively.

It is a settled law that while granting bail, the court has to keep in mind the nature of accusation, the nature of the evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, the circumstances which are peculiar to the accused, his role and involvement in the offence, his involvement in other cases and reasonable apprehension of the witnesses being tampered with.

Taking into account the totality of facts and keeping in mind, the ratio of the Apex Court's judgment in the case of State of Rajasthan v. Balchand @ Baliay (1977) 4 SCC 308, Gudikanti Narasimhulu And Ors., v. Public Prosecutor, High Court Of Andhra Pradesh, AIR 1978 SC 429, Ram Govind Upadhyay v. Sudarshan Singh & Ors., (2002) 3 SCC 598, Prasanta Kumar Sarkar v. Ashis Chatterjee & Anr., (2010) 14 SCC 496 and Mahipal v. Rajesh Kumar & Anr., (2020) 2 SCC 118, the larger interest of the public/State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. Hence, the present bail application is allowed.

Let applicant, Ajeet Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

(i) 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.

(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

(iii) 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 of Cr.P.C.

(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 the trial court.

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

(vi) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 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 in accordance with law.

The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously in accordance with law after the release of the applicant, if there is no other legal impediment.

It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

The concerned Court/Authority/Official shall verify the authenticity of such 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 :- 30.5.2022/aks