Indresh Kumar v. State Of U.P Thru. Prin. Secy. Home

Factual and Procedural Background

The applicant, Indresh Kumar, filed a bail application in relation to F.I.R. No. 191 of 2020 registered at Police Station Akhand Nagar, District Sultanpur, under Sections 498-A, 304-B, 201 IPC and Section 3/4 of the D.P. Act. The applicant was married to the daughter of the informant, initially through a court marriage followed by a formal marriage ceremony after one year. The daughter of the informant subsequently committed suicide, and the applicant informed the deceased's family about this event. Despite the applicant performing the last rites, allegations were made against him by the family members of the deceased, leading to his arrest. The applicant has been in custody since 13.10.2020 and has no prior criminal record. The bail application was filed seeking his release pending trial.

Legal Issues Presented

1. Whether the applicant, Indresh Kumar, is entitled to bail in the case registered under Sections 498-A, 304-B, 201 IPC and Section 3/4 D.P. Act?
2. What conditions should be imposed on the applicant if bail is granted to ensure the trial proceeds without obstruction?

Arguments of the Parties

Applicant's Arguments

• The applicant was lawfully married to the deceased and had informed her family about her suicide.
• The allegations against the applicant are concocted and made by the deceased's family members.
• The applicant has no criminal antecedents and has been in jail since October 2020.
• The trial is not yet underway, and the applicant will not misuse the liberty of bail but will cooperate fully with the investigation.

Opposite Party's Arguments

• The learned A.G.A. opposed the bail application citing the filing of a charge sheet after detailed investigation.
• It was acknowledged that the applicant married the deceased against the wishes of his family members.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court considered the submissions of learned counsel for the applicant and the learned A.G.A., as well as the contents of the F.I.R. and other relevant documents. Despite the charge sheet being filed, the court took into account the applicant's status as the husband of the deceased, absence of criminal antecedents, and the nature of the allegations described as concocted by the applicant. Balancing these factors, the court concluded that the applicant is entitled to bail. The court imposed specific conditions to prevent misuse of bail and to ensure the applicant's cooperation in the trial, including prohibitions on influencing witnesses, mandates for cooperation, and attendance requirements at key trial stages.

Holding and Implications

The court granted bail to the applicant, Indresh Kumar, subject to furnishing personal bond and two reliable sureties, along with the following conditions:

• The applicant shall not attempt to influence witnesses, tamper with evidence, or misuse the liberty of bail.
• The applicant must cooperate fully with the expeditious disposal of the case and shall not seek adjournments when witnesses are present.
• The applicant shall personally appear before the trial court on dates fixed for opening of the case, framing of charge, and recording of statement under Section 313 Cr.P.C.

Violation of these conditions will be treated as misuse of bail, empowering the trial court to cancel bail. The decision directly affects the applicant by releasing him on bail but does not establish any new legal precedent.