Allahabad High Court
Manish @ Sonu vs State Of U.P. on 28 May, 2024
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:96531
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11011 of 2023
Applicant :- Manish @ Sonu
Opposite Party :- State of U.P.
Counsel for Applicant :- Neeraj Srivastava,Yogendra Pal Singh
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Kuldeep Singh, learned counsel for applicant and Sri R.K. Mishra, learned A.G.A.
2. Applicant has approached this Court for bail in Case Crime No. 264/2022 under Sections 306, 201 IPC, Police Station- Meerapur, District- Muzaffarnagar. Applicant before this Court is husband of deceased who died after about 15 years of their marriage; 4 child were born out of their wedlock; immediate cause of death was not ascertained in post mortem report, therefore, viscera was preserved; however, despite directions of this Court, no report thereof is placed on record.
3. Learned counsel for applicant submits that he is not aware about present status of trial and he refers statement of witnesses recorded during investigation that even those are considered to be gospel truth, evidence of abatement of suicide would fall short of required for purpose of conviction; he is in jail since 29.12.2022 i.e. about 1 year and 5 months.
4. Learned A.G.A. has opposed above submission and refers statement of witnesses during investigation that not only applicant used to assault deceased but demanded share from pension of his mother in law also.
5. I have considered the above mentioned rival submissions in referred factual and legal background and in view of established principle of jurisprudence of bail i.e ?bail is rule and jail is exception? as well as relevant factors for consideration of an bail application such as (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the accused;(vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being influenced; (viii) danger of course, of justice being thwarted by grant of bail etc. and that an order to grant or not to grant bail must assigned reasons (see Deepak Yadav vs State of U.P. (2022) 8 SCC 559, Manoj Kumar Khokar vs State of Rajasthan and Anr (2022) 3 SCC 501, The State of Jharkhand vs Dhananjay Gupta @ Dhananjay Prasad Gupta: Order dated 7.11.2023 in SLP(Crl) No.10810/2023, Shiv Kumar Vs The State of U.P. and Ors : Order dated 12.9.2023 in Criminal Appeal No.2782 of 2023) and Ramayan Singh vs. State of U.P. and another, 2024 0 INSC 323, therefore, I am of considered opinion that present is a fit case to grant bail to applicant mainly on following reasons:-
(a). applicant before this Court is husband of deceased who died after about 15 years of her marriage;
(b). immediate cause of death was not ascertained in post mortem, therefore, viscera was preserved, however, its report is not placed on record despite this Court has passed specific directions;
(c). Court also takes note that during long period of marriage of 15 years, there is no earlier complaint whatsoever in regard to any alleged assault;
(d). Court also takes note that applicant and his family members have tried to cremate deceased without even informing police and her dead body was recovered from pyre, however, Court also takes note that such allegation would fall within Section 201 IPC i.e. disappearance of evidence;
(e). Court also takes note that applicant is in jail since 1 year and 5 months and present status of trial is not on record as well as Court also takes note of judgment passed by this Court in Ravindra Pratap Shahi @ Pappu vs. State of U.P., 2021:AHC:172280, therefore, this Court finds it fit case to grant bail.
6. Let the applicant- Manish @ Sonu be released on bail in aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. 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.
(iii) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment.
(v) Applicant has to appear on each and every date before learned trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned trial Court immediately.
7. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
8. The bail application is allowed.
9. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application.
10. Trial Court will take all endeavour to expedite the trial.
Order Date :- 28.5.2024
N. Sinha
