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Mitthu Yadav vs State Of U.P. on 27 February, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 2

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 9062 of 2020

Applicant :- Mitthu Yadav

Opposite Party :- State of U.P.

Counsel for Applicant :- Ajay Srivastava,Kamlesh Shrama,Saroj Kumar Dubey

Counsel for Opposite Party :- G.A.

Hon’ble Suneet Kumar,J.

Heard learned counsel for the applicant, learned Additional Government Advocate and perused the record.

This bail application has been filed on behalf of the applicant involved in Case Crime No.129 of 2018, under Sections 302, 498A, 504, 506, 120B I.P.C., P.S. Dullahpur, District Ghazipur.

Applicant is father-in-law; marriage is of 2009; allegation is that deceased was subjected to harassment and torture for dowry; deceased succumbed to burn injuries; six year old son of the deceased has not assigned specific role to the applicant of causing burn injury; co-accused jeth and dewar have been assigned role of causing burn injuries to the deceased; evidence does not make out the case against applicant; case of the applicant is distinguishable from the case of co-accused jeth and dewar; applicant is languishing in jail since 12.03.2019, having no criminal antecedent and in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial.

Learned AGA 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 – Mitthu Yadav be released on bail in the above case on her 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 :- 27.2.2020

Atul

 

 

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