HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 2
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 9012 of 2020
Applicant :- Om Prakash
Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava,Shivangi Bhargava
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. 264 of 2019, under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Baniyather, District Sambhal.
Applicant is father-in-law; marriage is of two years; it is alleged that in-laws suspected on the character of the deceased; cause of death is asphyxia due to ante mortem hanging.
It is urged that demand of dowry is not attributable to the applicant; hyoid bone is intact; there is no injury on the body of the deceased; co-accused Khemwati (mother-in-law) has been enlarged on bail by this Court vide order dated 26.2.2020 in Criminal Misc. Bail Application No. 8703 of 2020; applicant is languishing in jail since 25.9.2019, 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.
Let the applicant-Om Prakash 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 :- 27.2.2020