Jahir @ Jahid And Another vs State Of U.P.

Ajit Singh, J

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the entire record.

The present bail application has been filed by the applicants in Case Crime No. 1367 of 2021, under Sections 498-A, 304-B IPC and Sections 3/4 of the D.P. Act, Police Station - Loni, District - Ghaziabad (U.P.) with the prayer to enlarge the applicant on bail.

The First Information Report of this incident was lodged by complainant with the allegation against the accused persons that they have caused unnatural death of his daughter Shayara who was married to Rizwan son of applicants three years ago. It was alleged that the complainant had given sufficient dowry in the marriage as per his status. Further mention in the FIR is that on coming to know that the in-laws of his daughter had committed mar-pit with his daughter, then, he brought back her to his house. After calling a panchayat with her in-laws, the complainant sent back her to the matrimonial house. Thereafter, the complainant came to know that on 11.02.2020 they killed the complainant's daughter in greed of dowry.

The contention as raised at the Bar by learned counsel for the applicants is that applicants are quite innocent and have been falsely implicated in the present case. It is submitted that the present accused applicants are father-in-law and mother-in-law of the deceased. They had nothing to do with the demanded dowry as they were not going to be beneficiary if the alleged demand of dowry was fulfilled by the parents of the deceased. Further submission is that she has died due to consuming poison herself and this incident had taken place on 11.02.2020 and report of this incident was lodged on 24.09.2021 after a delay of more than one year without there being any plausible explanation as to why the FIR of this incident was lodged so late. There are general allegations of demand of dowry. No specific allegation of dowry has been made against the present applicants. Lastly, it is argued that the applicants are in jail since 23.12.2021 and that in case applicants are enlarged on bail, they will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail.

Keeping in view the submission of learned counsel for the parties, keeping in view that the applicants are not beneficiary of the alleged demand for dowry and there is general allegation against them, considering the period of detention of the applicant and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.

The prayer for bail is granted. The application is allowed.

Let applicants Jahir @ Jahid and Smt. Gulshana involved in the aforesaid crime be released on bail on each of them furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-

(1). The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;

(2). The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;

(3). In case, the applicants misuse the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

(4). The applicants 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.