HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 2
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 9524 of 2020
Applicant :- Chaman And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Gupta
Counsel for Opposite Party :- G.A.
Hon’ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
Applicants are Jeth of the deceased; marriage is of November 2018; the deceased was subjected to harassment and torture for dowry (motorcycle).
It is urged by learned counsel for the applicant that the applicants are innocent and have been falsely implicated in the instant case; demand of motorcycle is not attributable to the applicants; case of applicants is distinguishable from the case of the husband of the deceased; allegations are general in nature; no specific role has been assigned to the applicants; ingredients of the offence is not made out against the applicants, hence the applicants are entitled to be enlarged on bail; applicants having no other reported criminal antecedent are languishing in jail since 24.12.2019.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail in this case.
Let the applicants- Chaman and Kamal involved in Case Crime No. 747 of 2019, under Sections 498A, 304B I.P.C. and Section 3/4 of D.P. Act, Police Station Majhola, District Moradabad be released on bail on their furnishing a personal bond of Rs. One lac with two sureties (one should be of their family members) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 them, in accordance with law.
Order Date :- 4.3.2020