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Allahabad High Court · body

2019 DIGILAW 1772 (ALL)

Satya Narayan v. State Of U. P.

2019-07-24

KARUNA NAND BAJPAYEE

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JUDGMENT : Karuna Nand Bajpayee, J. 1. Heard learned counsel for the applicant and learned A.G.A. 2. Perused the record. 3. The only submission raised by the counsel is that the F.I.R. has been lodged with delay having no proper explanation for the same. An incident said to have taken place on 22.8.2016 while the F.I.R. was lodged on 11.9.2016. Submission is that had there been any truth in the allegations with regard to the demand of motorcycle as has been alleged and had there been any truth in the allegation of any cruelty committed towards the wife by the applicant or any of his family members, there was no question for the first informant to have waited for such a long time and for not lodging the F.I.R. at the earliest. The wholly unexplained inordinate delay goes a long way to discredit the allegations regarding the demand of dowry and cruelty committed towards the wife. The falsity regarding the same stands completely exposed. Further submission is that applicant had duly informed the police after his wife committed suicide and that also speaks about his clean conscience. If he had any guilty mind, there was no need for him to approach the police and bring the occurrence into the knowledge of the police. The police arrived at the place of occurrence on the information furnished by the applicant himself and the inquest proceeding took place thereafter. Contention is that though the applicant's wife committed suicide within a very short period of marriage but there was absolutely no reason for the applicant to harass the deceased. In fact, what was gathered by the applicant after his marriage was that she had some undesirable relationship with some boy when she was still in her parental house and as the marriage was solemnized against her wishes that resulted into a completely frustrated life for her and being unhappy with the marriage and having failed to get reconciled with it she took the extreme step. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 26.10.2016 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 4. Learned A.G.A. has opposed the prayer for bail but could not give any adequate explanation with regard to the inordinate delay in lodging F.I.R. which is too much to be soft paddled or ignored. The conduct of the applicant also does not appear to be inconsistent with his innocence. At any rate, looking to the totality of facts and circumstances of the case, the conduct of the accused and the huge unexplained delay in lodging F.I.R. this court deems it proper to release the applicant on bail. 5. 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, the period of detention already undergone, the unlikelihood of early conclusion of trial 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. 6. Let the applicant- Satya Narayan, involved in Case Crime No.0133 of 2016, u/s 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, P.S.- Girwa, District- Banda, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :- (1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever. (2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice. 7. It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail. 8. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.