HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 41064 of 2019
Applicant :- Anand Kumar Gupta
Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhil Ranjan
Counsel for Opposite Party :- G.A.
Hon’ble Vivek Varma,J.
Heard Sri Akhil Ranjan, learned counsel for the applicant, Sri Sanjay Kumar Rajbhar, learned Additional Government Advocate for the State-respondent and perused the record.
It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. The applicant is brother-in-law (Jeth) of the deceased. The dying declaration does not make out a case of pouring kerosene oil on the deceased and setting her ablaze against the applicant. The deceased herself stated in her dying declaration that she of her own out of grudge, poured kerosene upon her and set herself to fire. The applicant is languishing in jail since 12.04.2019.
It is further submitted that co-accused Asha Gupta, who is sister-in-law (nand) of the deceased has already been enlarged on bail vide order dated 28.08.2019 passed in Criminal Misc. Bail Application No. 34751 of 2019. He submits that the applicant is also entitled to bail on the ground of parity.
Learned AGA opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment; grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Anand Kumar Gupta involved in Case Crime No. 0075 of 2019, under Sections 498A, Section304B of Indian Penal Code and Section 3/4 D.P.Act, P.S. Rajghat, District Gorakhpur be released on bail 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 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 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.
Order Date :- 1.10.2019