Sagir vs State Of U.P.

The case is called out.

Heard learned counsel for the bail-applicant Sri Naveen Kumar Pandey, Advocate and learned A.G.A. for the State Sri Vijay Prakash Srivastav, Advocate and perused the record.

The present bail application is filed on behalf of the accused-applicant-Sagir, who is involved in Case Crime No.305 of 2020, under Sections 498A, 304B of I.P.C. and Sections 3/4 of Dowry Prohibition Act, registered at Police Station Katra Bazar, District Gonda.

The occasion of present bail application has arisen on rejection of bail plea of applicant by learned Additional Sessions Judge, Court No.1, Gonda vide order dated 19.01.2021. A copy of the bail application has already been received in the office of learned G.A.

Learned A.G.A. is present to protest the bail-application, to whom the instructions are received, informs that charge sheet is submitted before the Court concerned.

Learned counsel for the bail-applicant reading over the first information report lodged on 21.11.2020, drew the attention towards the facts as alleged by father of the deceased that his daughter was married to co-accused Rizwan. In the first information report as well as the statement recorded under Section 161 Cr.P.C., it becomes clear that the present accused-applicant is neither near relative nor inmate of the matrimonial house, where the incident dated 21.11.2020 happened, wherein the dead body of the deceased Samirun Nisha was found hanged from the roof.

Learned counsel for the bail-applicant further submitted that though the present accused-applicant is a relative but his house is neighbouring to the co-accused Rizwan's house where the incident took place. It is further submitted that one co-accused, Musaili is also named in the first information report, who is brother of the father-in-law of the deceased and the present accused-applicant-Sagir is son-in-law of Musaili.

Learned counsel for the bail-applicant further submitted that one Rajjab, an independent witness residing in the neighbouring house of the same village has stated that on the date of incident, a marriage was settled to be taken place of the daughter of Sagir (the present accused-applicant) and all the relatives, neighbours and friends were invited. Rajjab was also there when the incident occasioned. The co-accused, Rizwan ( husband of the deceased) was taking liquor alongwith others, meanwhile indulged in an altercation with his wife Samirun Nisha (deceased), which bursted into a violent fracas between them. People intercepted and separated them at that time but when the deceased went into her house alongwith her child, Rizwan also chased her and further altercation continued there, however, the deceased entered into room and locked the door alongwith her child, when the door was broken open by the police and people of the locality, she was found hanged from the roof and thus died. However, post-mortem report and inquest report show multiple injuries on the body of the deceased-Samirun Nisha but so far as the role of present accused-applicant is concerned in the incident is alleged to be of inducement to the co-accused Rizwan.

Learned A.G.A. also confirms the plea of learned counsel for the bail-applicant that in investigation, the role of Sagir, the present accused-applicant, is only to the extent of inducing the Rizwan to beat his wife-the deceased. Learned A.G.A. further has no denial that there is no evidence on record, except the role of inducing the Rizwan in the case diary and the materials available with him.

In view of the aforesaid facts and circumstances, learned counsel for the bail-applicant submitted that the accused-applicant be released on bail so as to put his defence in the course of trial as and when required. Learned counsel further submitted that the accused-applicant is a common man, not in a position to flee away from the process of the Court and is ready and willing to face the trial, if released on bail.

Keeping into mind the valuable right of personal liberty and the fundamental principle not to disbelieve a person to be innocent unless held guilty and if he is not arraigned with the charge of an offence for which the law has put on him a reverse burden of proving his innocence as, held in the judgment of Hon'ble the Supreme Court in Dataram Singh Vs. State of U.P. and ors. reported in (2018) 3 SCC 22, I find force in the submission of learned counsel for the bail-applicant to enlarge him on bail.

Considering the facts and circumstances of the case, perusing the record, considering the nature of allegations, arguments advanced by learned counsel for the parties and looking into the complicity of the applicant accused in the offence, the gravity of offence, severity of punishment without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

Let applicant (Sagir), involved in Case Crime No.305 of 2020, under Sections 498A, 304B of I.P.C. and Sections 3/4 of Dowry Prohibition Act, registered at Police Station Katra Bazar, District Gonda be released on bail on his furnishing personal bond of Rs.1,00,000/- and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

(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 misuse 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 applicants 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.