High Court
Case Details
Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39165 of 2021 Applicant :- Kaumil Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Legal Reasoning
Heard Sri Ashutosh Upadhyay, learned counsel for the applicant, Sri Raj Kumar Gupta, learned counsel for the State and perused the material on record. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Kaumil, seeking enlargement on bail during trial in connection with Case Crime No.168 of 2021, under Section 306 I.P.C., registered at Police Station Bahjoi, District Sambhal. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the allegation against the applicant in the FIR is that there was love-affair of the applicant with Smt. Rajmala, the wife of the deceased Totaram. The deceased objected the visiting of the applicant to his house, but Smt. Rajmala said that the applicant will continue to visit the house and if he does not like it, he may go and die and he should not show his face. Subsequently Totaram committed suicide and died. It is argued that the allegation in the FIR is false. There was some dispute between Totaram and his wife who is co-accused, after which Totaram committed suicide and information about it was given by the first informant to the police on 8.4.2021, which was transcribed in G.D. No.25 at 10 a.m. of Police Station Bahjoi, District Sambhal alleging therein that Totaram due to some reason became angry with his wife and went towards field but in the morning his dead-body was found hanging from a Neem tree. Subsequently the present FIR was lodged on 13.04.2021 at 12.57 hours which is after about five days of giving of information by the first informant to the police regarding suicide of his son. The allegations in the FIR are concocted and without any credible evidence. The implication of the applicant is false. There is no credible evidence against the applicant. 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. It has also been pointed out that the applicant is not having any criminal history as stated in para 17 of the affidavit. The applicant is in jail since 19.06.2021. Per contra learned counsel for the State opposed the prayer for bail and argued that the applicant is named in the FIR and there are allegations against him, as such the prayer for bail be rejected. After hearing the counsel for the parties and perusing the record, it is apparent that after the death of Totaram, the first informant gave an information to the police that he committed suicide but later on after five days, he lodges the FIR implicating the applicant and the wife of the deceased. In the initial, no person has been made as accused. 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. 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. Let the applicant-Kaumil, 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 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. (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 313 Cr.P.C. 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 229- A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 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. The bail application is allowed. (Samit Gopal, J.) Order Date :- 15.2.2022/Gaurav Digitally signed by GAURAV KULSHRESTHA Date: 2022.02.17 11:01:05 IST Reason: Location: High Court of Judicature at Allahabad