High Court
Case Details
Neutral Citation No. - 2025:AHC:65736 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2710 of 2025 Applicant :- Jitendra Sikarwar Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Tiwari,Priya Tiwari,Yogesh Shukla Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Kamlesh Kumar Tiwari, learned counsel for the applicant, Sri B.P. Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 B.N.S.S has been filed by the applicant- Jitendra Sikarwar, seeking enlargement on bail during trial in connection with Case Crime No.186 of 2024, u/s 85, 115 (2), 108 B.N.S., 2023 registered at Police Station Kheragarh, District Agra. 4. The FIR of the matter was lodged on 16.10.2024 by Vinod Kumar against the applicant alleging therein that the marriage of his sister Sangeeta was solemnized with the applicant on 24.11.2008. After marriage there were matrimonial discord between them. On many times panchayat was held. On 22.9.2024 after a fight between the two, his sister committed suicide by hanging herself. He was given an information after which he along with his family members went there and found his sister to be dead. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that although the applicant is the husband of the deceased but he is not involved in the matter. It is submitted that the marriage of the applicant with the deceased was solemnized 16 years back and they were leading a happy married life as is evident from the fact that a child was born from the wedlock. The incident of the present matter is alleged to have taken place on 22.9.2024 and FIR has been lodged on 16.10.2024 which is after about 24 days of the occurrence. The delay in lodging of the FIR is not explained. Learned counsel for the applicant argued that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased. The applicant has no motive at all to commit the aforesaid offence. The postmortem examination report of the deceased shows a ligature mark only as injury on the body of the deceased and the cause of death is opined as asphyxia as a result of antemortem hanging. It is submitted that the applicant has no criminal history as stated in para 28 and is in jail since 16.11.2024. 6. Per contra learned counsel for the State opposed the prayer for bail. 7. After hearing the counsel for the parties and perusing the record, it is evident that applicant is the husband of the deceased. The applicant and the deceased were leading a happy married life as is evident from the fact that a child was born from the wedlock. The FIR has been lodged after about 24 days of the occurrence. The delay in lodging of the FIR is not explained. Learned counsel for the applicant argued that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased. The applicant has no motive at all to commit the aforesaid offence. The postmortem examination report of the deceased shows a ligature mark on the body of the deceased and the cause of death is opined as asphyxia as a result of antemortem hanging. The applicant has no criminal history. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant-Jitendra Sikarwar, be released on bail in the 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 (s) will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant (s) will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant (s) shall file an undertaking to the effect that he/they shall not seek any adjournment on the date 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. (iv) The applicant (s) will not misuse the liberty of bail in any manner whatsoever. In case, the applicant (s) misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023, may be issued and if applicant (s) fails/fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under section 209 BNS, 2023. (v) The applicant (s) shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant (s) 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/them in accordance with law and the trial court may proceed against him/them under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant (s). 10. 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 (s) to prison. 11. The bail application is allowed.
Decision
12. Pending application (s), if any, shall stand disposed of. (Samit Gopal, J.) Order Date :- 28.4.2025 Gaurav Kuls Digitally signed by :- Digitally signed by :- GAURAV KULSHRESTHA GAURAV KULSHRESTHA High Court of Judicature at Allahabad High Court of Judicature at Allahabad