High Court · 2025

2. Heard Sri Raghuvansh Misra, Advocate, holding brief of Sri Ratnakar Chaudhary, learned counsel for the applicant, Sri Sitaram Patel, learned counsel for the first informant, Sri Birendra Pratap Singh, learned A.G.A. 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 Maheshwarideen, seeking enlargement on bail during trial in connection with Case Crime No. 56 of 2024, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, registered at P.S. Jaria, District- Hamirpur.

4. On 02.04.2025 the following order was passed by this Court:- "1. Post lunch, when the court assembled, Miss. Upasana, the daughter of the applicants made a mention before this court that two bail applications being that of her father and mother connected together are listed today at Serial No. 161 and are being listed since long but could not be taken up due to paucity of time and looking to the grave situation of the family and the fact that she and her younger brother only are living together and feeling very unsafe, the matter be taken up. She was questioned by the court as to whether there is any learned counsel appearing on her behalf on which she stated that Sri Raghuvansh Mishra, Advocate has agreed to accept the briefs and appear on behalf of the accused whereas she has engaged Sri Ratnakar Chaudhary as her counsel. She was then asked to call Mr. Mishra after which Mr. Raghuvansh Mishra, Advocate appeared with the girl. He submits that he has instructions to argue both the matters. The cause list shows that Mr. Sitaram Patel & Mr. Pradeep Kumar, counsels appear for the first informant in the matter, they are not present. Their presence can also be not expected since the matter has been taken up out of turn on a mention by the court. The hearing of the present matter thus cannot be done.

2. Sri Ajay Singh, learned A.G.A.-I for the State of U.P. is present. He states that his file is also present with him but looking to the fact that the matter has been taken up on a mention learned counsels for the first informant are not present. In view of the aforesaid facts, it is provided that the matter be listed on 16.04.2025.

3. Learned counsel for the applicant shall serve a notice about this order on learned counsels for the first informant within a week and produce its receipt thereon.

4. Learned counsel for the applicant is granted liberty to mention the matter on the next date."

5. Learned counsel for the applicant argued that applicant is father-in-law of the deceased. It is argued that marriage of Smt. Dipika with Vipat son of the applicant was solemnized 10.5.2025. It is argued that general and omnibus allegations have been levelled against all the accused persons including the applicant. It is further argued that the deceased committed suicide and died and cause of death of the deceased as opined by the doctor is asphyxia due to ante mortem hanging. It is further argued that the applicant has been falsely implicated in the present case only being the family member of the husband of the deceased. It is argued that charge sheet in the matter has been submitted on 14.5.2024 and charges were framed on 25.06.2024. It is argued that trial has started in which three witnesses have been examined amongst whom P.W.-1 did not support the prosecution case in the cross- examination whereas other two witnesses have turned hostile. It is argued that the applicant has no other criminal antecedents as stated in para-38 of the affidavit and is in jail since 10.3.2024.

6. Per contra, learned AGA and learned counsel for the first informant opposed the prayer for bail but could not dispute the arguments as aforesaid.

7. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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.

8. Let the applicant- Maheshwarideen, 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.

9. 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.

10. The bail application is allowed. Order Date :- 16.4.2025 Naresh (Samit Gopal,J.) NARESH KUMAR High Court of Judicature at Allahabad

2. Heard Sri Raghuvansh Misra, Advocate, holding brief of Sri Ratnakar Chaudhary, learned counsel for the applicant, Sri Sitaram Patel, learned counsel for the first informant, Sri Birendra Pratap Singh, learned A.G.A. 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 Maheshwarideen, seeking enlargement on bail during trial in connection with Case Crime No. 56 of 2024, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, registered at P.S. Jaria, District- Hamirpur.

4. On 02.04.2025 the following order was passed by this Court:- "1. Post lunch, when the court assembled, Miss. Upasana, the daughter of the applicants made a mention before this court that two bail applications being that of her father and mother connected together are listed today at Serial No. 161 and are being listed since long but could not be taken up due to paucity of time and looking to the grave situation of the family and the fact that she and her younger brother only are living together and feeling very unsafe, the matter be taken up. She was questioned by the court as to whether there is any learned counsel appearing on her behalf on which she stated that Sri Raghuvansh Mishra, Advocate has agreed to accept the briefs and appear on behalf of the accused whereas she has engaged Sri Ratnakar Chaudhary as her counsel. She was then asked to call Mr. Mishra after which Mr. Raghuvansh Mishra, Advocate appeared with the girl. He submits that he has instructions to argue both the matters. The cause list shows that Mr. Sitaram Patel & Mr. Pradeep Kumar, counsels appear for the first informant in the matter, they are not present. Their presence can also be not expected since the matter has been taken up out of turn on a mention by the court. The hearing of the present matter thus cannot be done.

2. Sri Ajay Singh, learned A.G.A.-I for the State of U.P. is present. He states that his file is also present with him but looking to the fact that the matter has been taken up on a mention learned counsels for the first informant are not present. In view of the aforesaid facts, it is provided that the matter be listed on 16.04.2025.

3. Learned counsel for the applicant shall serve a notice about this order on learned counsels for the first informant within a week and produce its receipt thereon.

4. Learned counsel for the applicant is granted liberty to mention the matter on the next date."

5. Learned counsel for the applicant argued that applicant is father-in-law of the deceased. It is argued that marriage of Smt. Dipika with Vipat son of the applicant was solemnized 10.5.2025. It is argued that general and omnibus allegations have been levelled against all the accused persons including the applicant. It is further argued that the deceased committed suicide and died and cause of death of the deceased as opined by the doctor is asphyxia due to ante mortem hanging. It is further argued that the applicant has been falsely implicated in the present case only being the family member of the husband of the deceased. It is argued that charge sheet in the matter has been submitted on 14.5.2024 and charges were framed on 25.06.2024. It is argued that trial has started in which three witnesses have been examined amongst whom P.W.-1 did not support the prosecution case in the cross- examination whereas other two witnesses have turned hostile. It is argued that the applicant has no other criminal antecedents as stated in para-38 of the affidavit and is in jail since 10.3.2024.

6. Per contra, learned AGA and learned counsel for the first informant opposed the prayer for bail but could not dispute the arguments as aforesaid.

7. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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.

8. Let the applicant- Maheshwarideen, 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.

9. 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.

10. The bail application is allowed. Order Date :- 16.4.2025 Naresh (Samit Gopal,J.) NARESH KUMAR High Court of Judicature at Allahabad