High Court · 2023

Legal Reasoning

2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

3. It is submitted by learned counsel for the applicant that as per the first information report, it is alleged that the applicant and his family members, who are co-accused, have harassed the victim, who is the wife of the applicant, for dowry and as a result of the same, victim has poured diesel and has tried to commit suicide. 3-A. Learned counsel for the applicant submits that the aforesaid incident was an accident while the wife was cooking and the applicant has immediately admitted the victim/injured to the hospital. The hospital admission certificate is at page-7 of the supplementary affidavit, where the person admitting the injured is applicant. He further submits that the incident had taken place in February 2022 and thereafter the victim/wife was discharged. Statement of the victim was also recorded as a dying declaration, which is at page-48 of the paper-book, where she has stated that there was no light at home and she was pouring diesel in the lamp when her cloth caught fire. 3-B. Learned counsel for the applicant further submits that subsequently, the victim was discharged, however, she was again hospitalized by the father, which is at page-27 of the paper-book. He submits that there is 35% burn injury. Learned counsel for the applicant submits that subsequently, statement of the victim has been recorded under Section 164 Cr.P.C. in the month of August 2022, where she has alleged that the family members have poured diesel, as a result of the same, she caught fire. The applicant has been falsely implicated. Statement of the victim under Section 164 Cr.P.C. was recorded with a long delay of 6 months. Applicant has no previous criminal history. Applicant is languishing in jail since 21.08.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

4. Learned A.G.A. for the State opposed the prayer for bail but does not dispute factual matrix of the case. He submits that the victim has suffered burn injury, however, he could not dispute the fact that the statement of the victim under Section 164 Cr.P.C. was recorded after six months of the incident. There is no reason assigned to such delay.

5. Learned AGA for the State has not brought any fact or circumstances to indicate criminal history or antecedents of the applicant which would disentitle the applicant for Bail.

6. It is not the case of the State that the applicant has not cooperated in the investigation or proceedings before the trial court.

7. The principle that Bail is a rule and Jail is an exception has been well recognised by Apex Court more specifically on the touch stone of Article 21 of the Constitution. The said principle has been reiterated by the Apex Court in Satyendra Kumar Antil Vs. Central Bureau of Investigation and another, 2022 (10) SCC 51. Learned AGA for the State has not shown any exceptional circumstances which would warrant denial of bail to the applicant.

8. No material, facts or circumstances has been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or the accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence.

9. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State.

10. Learned AGA for the State has not shown any material or circumstances that the accused/applicant is not entitled to bail in larger interests of the public or State. 10-A. It is to be seen that in the present case the wife of the applicant was burnt while cooking and the applicant has immediately admitted the victim/injured to the hospital. The incident had taken place in February 2022 and thereafter the victim/wife was discharged. Statement of the victim was also recorded as a dying declaration, where she has stated that there was no light at home and she was pouring diesel in the lamp when her cloths caught fire. The victim was again hospitalized by the father. There is 35% burn. Statement of the victim has been recorded under Section 164 Cr.P.C. in the month of August 2022, where she has alleged that the family members have poured diesel, as a result of the same, she has caught fire. The applicant has been falsely implicated. Statement of the victim under Section 164 Cr.P.C. was recorded with long delay of 6 months of the incident. He has no previous criminal history. Applicant is languishing in jail since 21.08.2023

11. Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties 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.

12. Let the applicant Praveen involved in Case Crime No. 126 of 2022, under Sections 498A, 307 I.P.C., & 3/4 of D.P. Act, Police Station Gabhana, District Aligarh, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. 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. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes residential address, the applicant shall inform the court concerned about new residential address in writing.

13. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 21.9.2023 S.Prakash SHASHI PRAKASH High Court of Judicature at Allahabad