HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 37594 of 2019
Applicant :- Narad Chauhan
Opposite Party :- State of U.P.
Counsel for Applicant :- Juned Alam
Counsel for Opposite Party :- G.A.
Counter affidavit and Rejoinder affidavit filed are taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant,Narad Chauhan,in S.T. No. 313 of 2016, Case Crime No. 224 of 2016, under Sections 498A, 304B, 201 IPC and Section 3/4 of Dowry Prohibition Act, Police Station- Taraya Sujan, District- Kushi Nagar, with the prayer to enlarge him on bail.
The submission is that thecharges have been framed against the applicant on 11.01.2017 under Sections 498-A, 304B, 201 IPC and Section 3/4 of Dowry Prohibition Act but as yet not a single witness has been produced by the prosecution before the trial court. Theapplicant is in jail since 22.06.2016 and he has no criminal history to his credit.Although the allegations against the applicant are serious but keeping in view that fact that since 22.06.2016 he is in jail and the prosecution has not been able to produce any evidence against him, applicant deserves to be enlarged on bail.
Learned A.G.A has opposed the prayer for grant of bail to the applicants but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions noticed above, without commenting upon merits of the case, I am of the opinion that the applicants are entitled to be released on bail.
Let the applicant- Narad Chauhan, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his 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 him in accordance with law under Section 174-A of the Indian Penal Code.
(v) 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.
Trial court will make all efforts to conclude the trial against the applicant within a period of one year.
Order Date :- 28.1.2020