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Harpal Singh vs State Of U.P. on 21 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 42

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 51007 of 2019

Applicant :- Harpal Singh

Opposite Party :- State of U.P.

Counsel for Applicant :- Ram Kumar Dubey

Counsel for Opposite Party :- G.A.

Hon’ble Chandra Dhari Singh,J.

Heard learned counsel for applicant as well as learned A.G.A. for the State and perused the record.

This bail application has been filed by the applicant seeking bail in Case Crime No.137 of 2019, under Sections 498A, Section304B IPC, Police Station Chhajlet, District Moradabad.

Learned Counsel for the applicant has submitted that the informant Rajpal Singh has lodged an FIR on 08.06.2019 at 11:59 AM in the aforesaid case crime number in respect to an incident which is said to have taken place on 07.06.2019 at 06:00 P.M. The applicant is the father-in-law of the deceased. It has also been submitted that the marriage of the deceased Guddi and co-accused Anoop was taken place on 01.03.2017. It is alleged in the FIR that on account of non-fulfilment of demand of dowry, the applicant and other co-accused persons have committed murder to his daughter.

Learned Counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. The applicant is residing separately and has no concerned with the family affairs of the co-accused Anoop. The applicant is aged about 60 years. The applicant is in jail since 09.06.2019. The charge-sheet has been filed by the Investigating Officer. Learned Counsel again submits that in case he is released on bail he will not misuse the liberty of bail and will cooperate in trial.

Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts.

Keeping in view the nature of the offence, arguments advanced by learned counsel for the parties and without expressing any opinion on merits, I am of the view that it is fit case for bail.

Let the applicant Harpal Singh be released on bail in Case Crime No.137 of 2019, under Sections 498A, Section304B IPC, Police Station Chhajlet, District Moradabad on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:

(1) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if 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;

(2) 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;

(3). In case, the applicant misuses the liberty of bail 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.

(4) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

Order Date :- 21.11.2019

akverma

 

 

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