HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 2
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 5179 of 2019
Applicant :- Avadhesh Kumar Gautam
Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Prasad,Tushar Kant
Counsel for Opposite Party :- G.A.
Hon’ble Suneet Kumar,J.
Supplementary affidavit filed on behalf of the applicant, is taken on record.
Heard learned counsel for the applicant, the learned Additional Government Advocate and perused the record.
This is second bail application.
This bail application has been filed on behalf of the applicant involved in Case Crime No. 238 of 2017, under Sections 302, Section201, Section498A, Section120B IPC and 3/4 SectionDowry Prohibition Act, P.S. Sahapau, District Hathras.
It is urged by learned counsel for the applicant that applicant is languishing in jail since 10.10.2017, applicant is the husband of the deceased, there is no direct evidence or witness against the applicant, minor children of the applicant is in orphanage, witnesses P.W.-1 and P.W.-2 have stated that allegation against the applicant was made on mere information received.
Learned Additional Government Advocate opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant-Avadhesh Kumar Gautam be released on bail in the above case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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 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.
However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 15.11.2019