High Court
Case Details
Neutral Citation No. - 2023:AHC:232072 Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51431 of 2023 Applicant :- Gurucharan Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Sarvesh Kumar Dubey, Advocate, holding brief of Sri Shiv Kumar Singh, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Gurucharan, seeking enlargement on bail during trial in connection with Case Crime No. 24 of 2023, under Section 306 I.P.C. registered at P.S. Lahchura, District Jhansi. 4. The F.I.R. of the matter was lodged on 09.2.2023 by Chaturbhuj Ahirwar against the applicant alleging therein that he had married his daughter Jaikunwar with the applicant in the year 2012. She had two children aged about 10 years and 7 years. The applicant often used to consume liquor and torture and assault his daughter which was told by her to him. On 07.2.2023 the applicant had a fight with his wife due to which she committed suicide by hanging herself. 5. Learned counsel for the applicant argued that although the applicant is husband of the deceased but as per prosecution case, the deceased committed suicide by hanging herself. It is argued that marriage of the applicant with the deceased was solemnized 12 years back and they were living happy married life as is evident from the fact that two children were born. It is further argued that the post mortem report shows single ligature mark on her body and cause of death has been opined by the doctor as shock and asphyxia due to ante mortem hanging. It is argued that charge sheet in the matter has been submitted and as such there are no chances of the applicant tempering with the evidence or not co-operating in the investigation. 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 is argued that the applicant has no other criminal antecedents as stated in para-30 of the affidavit and is in jail since 12.02.2023. 6. Per contra, learned State counsel opposed the prayer for bail but could not dispute the arguments as aforesaid. 7. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is husband of the deceased. As per prosecution case the deceased committed suicide by hanging herself. Post mortem report shows single ligature mark on her body and cause of death shock and asphyxia due to ante mortem hanging. 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. 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- Gurucharan, 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. 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 to prison. 11. The bail application is allowed. Order Date :- 7.12.2023 Naresh (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad