Manoj Kumar Patel and Another v. State of U.P. and
Case Details
Neutral Citation No. - 2025:AHC:49360 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9825 of 2025 Applicant :- Manoj Kumar Patel Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Kant Shukla,Shekhar Mishra Counsel for Opposite Party :- Durga Tiwari,G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Shashi Kant Shukla, learned counsel for the applicant, Ms. Durga Tiwari, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on records. 3. The Vakalatnama of Ms. Durga Tiwari, learned counsel for the first informant is not on record. Office to trace out the same and place it on record and make a note in the order-sheet about it. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Manoj Kumar Patel, seeking enlargement on bail during trial in connection with Case Crime No. 276 of 2024, under Sections 85, 115(2), 80(2) B.N.S. & Section 3/4 Dowry Prohibition Act , Police Station Nawabganj, District Prayagraj. 5. The first information report of the present matter was lodged on 12.07.2024 by Shivam Maurya against the applicant and 02 other persons alleging therein that the marriage of his sister Jyoti Maurya was solemnized in the year 2022 wherein she out of her own sweet-will had went with the applicant and has approached the Court. Around four months back the accused persons started demanding dowry from her being Rs. Two lakh cash, one gold chain and a motorcycle and used to torture & harass her. On 10.07.2024 at about 6.30 PM he received an information from police that his sister has committed suicide and died. 6. Learned counsel for the applicant argued that although the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is submitted that initially when the applicant and the deceased had eloped a first information report was lodged as Case Crime No. 0387 of 2022, under Section 366 I.P.C., Police Station Civil Lines, District Prayagraj against which the applicant and his wife had filed a writ petition before this Court being Criminal Misc. Writ Petition No. 2708 of 2024 (Manoj Kumar Patel and Another Vs. State of U.P. and 2 Others) in which a Division Bench of this Court vide order dated 26.02.2024 had directed that no coercive action shall be taken against the petitioners therein, the copy of the said order is annexed as Annexure-2 to the affidavit, the same reads as under:- "1. Heard learned counsel for the petitioners and learned AGA for the State. 2. The instant writ petition has been filed seeking quashing of the first information report dated 20.7.2022, registered as Case Crime No. 0387 of 2022, under Section 366 IPC, P.S. Civil Lines, District Prayagraj. 3. Contention of learned counsel for the petitioners is that the petitioners are adults and they are free to live together. Petitioner No.1 has not, in any manner, used force. 4. Petitioner No.2 may get her statement recorded before a competent Magistrate, within a period of two weeks. 5. List this case as fresh on 21st March, 2024. 6. Till the next date of listing, no coercive action shall be taken against the petitioners in Case Crime No. 0387 of 2022, under Section 366 IPC, P.S. Civil Lines, District Prayagraj. 7. The Investigating Officer to get the order complied by the next date fixed." 7. It is submitted that subsequently after living about two years the applicant and the deceased came back to their house and the deceased went to her maternal house considering that the matter could have subsided but her parents and family members were not ready to accept her and she was scolded and they misbehaved with her which was the reason for her being disturbed and depressed, paragraph 10 of the affidavit has been placed before the Court. It is submitted that then the deceased committed suicide and died which is also suggestive from the postmortem examination report wherein the doctor found a single ligature mark on her body and the cause of death has been opined as asphyxia as a result of antemortem hanging. It is submitted that after the death of the deceased Sri Sukhram Patel the father of the applicant informed the police which was registered in GD No. 53 on 10.07.2024 at 21:22 hours at the Police Station Nawabganj, District Prayagraj, the copy of the said GD has been placed before the Court which is annexed as Annexure-3 to the affidavit. It is further submitted that the inquest on the body of the deceased was conducted in which Sri Sukhram Patel the father of the applicant was at witness no.1 and Bhuller Singh the chacha of the applicant was at witness no.2 amongst the five witnesses for the inquest. It is submitted that as such the conduct of the applicant and his family members was above-board. It is submitted that the present marriage was a love marriage and there was no occasion for the applicant to involve in demand of any dowry. The applicant has no criminal history as stated in para 16 of the affidavit and is in jail since 13.07.2024. 8. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and submitted that once the applicant and deceased came back to house the applicant and other co-accused persons started torturing her and demanded dowry. It is submitted that since the applicant is the husband of the deceased, he was under a moral duty to take care of his wife and to see about her well being in her matrimonial house in which he failed. It is submitted that as such the prayer for bail be rejected. 9. After having heard learned counsel for the parties and perusing the record, it is evident that although the applicant is the husband of the deceased but the applicant and the victim had eloped and a first information report was lodged against them in the year 2022. A Division Bench of this Court had stayed the coercive action against them in a writ petition filed by them. They returned back to house after two years and then the deceased committed suicide. The postmortem examination report does not show any bodily injury except for the ligature mark. The information about the death of the deceased was given by the father of the applicant at the police station. 10. 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. 11. Let the applicant- Manoj Kumar Patel, 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant 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 shall file an undertaking to the effect that he 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 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 84 B.N.S.S., 2023 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 209 B.N.S., 2023. (v) The applicant 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 B.N.S.S., 2023. 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 against him in accordance with law and the trial court may proceed against him under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 12. 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. 13. The bail application is allowed.
Decision
14. Pending application (s), if any, shall stand disposed of. Order Date :- 7.4.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad