Deepak Kumar v. State Of U.P. Thru. Prin. Secy. Deptt

Learned counsel for the applicant submits that the present applicant has been falsely implicated as he has not committed any offence as alleged and is in jail since 22.06.2024 in the aforesaid case crime.

Learned counsel for the applicant has drawn attention of this Court to impugned FIR, which was lodged under Section 302 IPC for the allegation that the present applicant has killed his wife. During investigation this fact could not be ascertained, therefore, charge sheet has been filed under Section 306 IPC.

Learned counsel has further stated that the present applicant got married with his wife eighteen years ago and that from the aforesaid wedlock he had three children. The wife of the applicant was a mental patient and her treatment was going on at Noormanjil Mental Hospital, Lucknow. On 29.02.2024, his wife went missing, so he lodged a missing report of his wife, copy of which has been enclosed as Annexure no.9 to the bail application. The applicant had earlier purchased one piece of land in the name of this wife on 28.05.2020, copy of the sale deed is enclosed as Annexure no.11 to the bail application. It

Learned counsel for the applicant has further submitted that there is no material or evidence with the prosecution to show that the present applicant has instigated his wife to commit suicide. As a matter of fact there is no overt act of the present applicant to instigate his wife for doing such act. The cause of death is asphyxia as a result of anti mortem hanging. He has also stated that on account of mental ailment of wife of the applicant, she might have committed suicide. He lastly submits that charge sheet has been filed against the applicant and the applicant has no prior criminal history of any kind whatsoever and if the present applicant be enlarged on bail, he undertakes that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order.

Learned AGA has, however, opposed the prayer for bail but could not dispute the submissions made by learned counsel for the applicant.

Having heard learned counsel for the parties and having perused the material on record, it transpires that the wife of the applicant was suffering from mental ailment and cause of her death if asphyxia as a result of anti mortem hanging, the applicant has no criminal history and charge sheet has also been filed against him, therefore, without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.

Let applicant- Deepak Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) 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. is issued and the 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 of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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. (v) The applicant shall not leave India without previous permission of the court. (Rajesh Singh Chauhan, J.) Order Date :- 23.1.2025 Arnima ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench