Allahabad High Court
Ompal vs State Of U.P. on 20 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
RESERVED ON 12.1.2023
DELIVERED ON 20.1.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19991 of 2022
Applicant :- Ompal
Opposite Party :- State of U.P.
Counsel for Applicant :- Anmol Tiwari
Counsel for Opposite Party :- G.A.,Anand Pati Tiwari
Hon'ble Siddharth,J.
Heard Shri Manish Tiwari, learned Senior Counsel assisted by Shri Anmol Tiwari, learned counsel for the applicant; Shri Anand Pati Tiwari, learned counsel for the informant and learned A.G.A. for the State.
The instant bail application has been filed on behalf of the applicant, Ompal, with a prayer to release him on bail in Case Crime No. 162 of 2021, under Sections 498-A,304-B IPC and ¾ D.P. Act Police Station Karhal, District- Mainpuri, during pendency of trial.
There is allegation against the applicant and three named accused regarding commission of dowry death of sister of informant on account of unfulfilled demand of dowry. The marriage of the deceased with applicant took place on 9.12.2020 and on 14.5.2021 she was done to death.The cause of death of the deceased was found to be asphyxia as a result of antemortem hanging.
Learned counsel for the applicant has submitted that deceased did not had cordial relation with family members of her home and also matrimonial On account of quarrel with her Bhabi and N.C.R. was lodged against her prior to her marriage on 24.4.2016. She was an accused in a case filed by one Raj Badahur son of Ram Gopal alleging that she has taken goods worth of Rs. 700/- on loan and is not returning the same and has also filed false report against him.It was also alleged that deceased and other co-accused person destroyed goods kept in his shop. It is submitted that applicant has passed Pre-Ph.d. course and teaching as a part time lecturer .The deceased committed suicide because of her ill temperament. The applicant is in jail since 19.6.2021 and has no criminal history.
Learned A.G.A. has pointed out that deceased died within five months five days of her marriage in suspicious circumstance .The burden is on the applicant to prove how she died.
Learned counsel for the informant has also opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties noted above,finding force in the submissions made by the learned counsel for the applicant, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. That 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;
5. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.
6. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of two years from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 20.1.2023
Atul kr. sri.
