State of U.P v. Party

2. Heard Sri Saurabh Shukla, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. This second bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Veerpal, seeking enlargement on bail during trial in connection with Case Crime No. 161 of 2022, under Section(s) 498A, 304B I.P.C. and Section 3/4 Dowry Prohibition Act, registered at P.S. Bhuta, District-Bareilly.

4. The first bail application of the applicant being Criminal Misc. Bail Application No. 46311 of 2023 was rejected by this Court on 2.11.2023.

5. Learned counsel for the applicant argued that although the applicant is husband of the deceased but he has been falsely implicated in the present case. It is submitted that trial in the matter has started in which Deen Dayal the first informant has been examined as P.W.-1, copy of the said statement has been 2 BAIL No. 43722 of 2024 placed before the Court which is annexure no. 5 to the affidavit in support of this bail application. It is submitted that the first informant has not supported the prosecution case and has been declared hostile. Further while placing supplementary affidavit dated 6.1.2025 which is already on the record, it is submitted that in the trial further Rajeshwari the mother of the deceased has been examined as P.W.-2 who has also not supported the prosecution case and has been declared hostile, copy of the said statement has been placed before the Court which is annexure no. 1 to the said supplementary affidavit. It is submitted that further Rashmi the sister of the deceased has been examined as P.W.-3 who has also not supported the prosecution case and has been declared hostile, copy of the said statement has been placed before the Court which is annexure no. 1 to the said supplementary affidavit. It is submitted that now looking to the said facts and circumstances of the case the applicant was involved in the present case, is false as there is no credible evidence against him. It is argued that the applicant has no other criminal antecedents as stated in para-19 of the affidavit and is in jail since 5.1.2023.

6. Per contra, learned State counsel although opposed the prayer for bail but could not dispute the arguments of learned counsel for the applicant as aforesaid.

7. After having heard learned counsels for the parties and perusing the record, it is evident that this is the second bail application. The first bail application of the applicant was rejected by this Court vide order dated 02.11.2023. In the trial three prosecution witnesses namely Deen Dayal the first informant as P.W.-1, Rajeshwari the mother of the deceased as P.W.-2 and Rashmi the sister of the deceased as P.W.-3 have been examined who have not supported the prosecution case and have been declared hostile. The applicant has no criminal history.

8. Looking to the facts and circumstances of this case, the 3 BAIL No. 43722 of 2024 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- Veerpal, 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, 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 4 BAIL No. 43722 of 2024 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.

12. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) September 10, 2025 Naresh NARESH KUMAR High Court of Judicature at Allahabad

2. Heard Sri Saurabh Shukla, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. This second bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Veerpal, seeking enlargement on bail during trial in connection with Case Crime No. 161 of 2022, under Section(s) 498A, 304B I.P.C. and Section 3/4 Dowry Prohibition Act, registered at P.S. Bhuta, District-Bareilly.

4. The first bail application of the applicant being Criminal Misc. Bail Application No. 46311 of 2023 was rejected by this Court on 2.11.2023.

5. Learned counsel for the applicant argued that although the applicant is husband of the deceased but he has been falsely implicated in the present case. It is submitted that trial in the matter has started in which Deen Dayal the first informant has been examined as P.W.-1, copy of the said statement has been 2 BAIL No. 43722 of 2024 placed before the Court which is annexure no. 5 to the affidavit in support of this bail application. It is submitted that the first informant has not supported the prosecution case and has been declared hostile. Further while placing supplementary affidavit dated 6.1.2025 which is already on the record, it is submitted that in the trial further Rajeshwari the mother of the deceased has been examined as P.W.-2 who has also not supported the prosecution case and has been declared hostile, copy of the said statement has been placed before the Court which is annexure no. 1 to the said supplementary affidavit. It is submitted that further Rashmi the sister of the deceased has been examined as P.W.-3 who has also not supported the prosecution case and has been declared hostile, copy of the said statement has been placed before the Court which is annexure no. 1 to the said supplementary affidavit. It is submitted that now looking to the said facts and circumstances of the case the applicant was involved in the present case, is false as there is no credible evidence against him. It is argued that the applicant has no other criminal antecedents as stated in para-19 of the affidavit and is in jail since 5.1.2023.

6. Per contra, learned State counsel although opposed the prayer for bail but could not dispute the arguments of learned counsel for the applicant as aforesaid.

7. After having heard learned counsels for the parties and perusing the record, it is evident that this is the second bail application. The first bail application of the applicant was rejected by this Court vide order dated 02.11.2023. In the trial three prosecution witnesses namely Deen Dayal the first informant as P.W.-1, Rajeshwari the mother of the deceased as P.W.-2 and Rashmi the sister of the deceased as P.W.-3 have been examined who have not supported the prosecution case and have been declared hostile. The applicant has no criminal history.

8. Looking to the facts and circumstances of this case, the 3 BAIL No. 43722 of 2024 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- Veerpal, 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, 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 4 BAIL No. 43722 of 2024 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.

12. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) September 10, 2025 Naresh NARESH KUMAR High Court of Judicature at Allahabad