HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 27
Case :- BAIL No. – 49 of 2020
Applicant :- Pradeep
Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Singh Chauhan,Alok Kumar Singh
Counsel for Opposite Party :- G.A.
Hon’ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Prosecution case is that the informant married his daughter namely Komal aged about 27 years to son of the applicant Sandeep three years ago as per Hindu Rights and Rituals. It is further alleged that on 17/18-08-2019, the daughter of the informant was killed. In the postmortem report, ligature mark of black colour in the neck of the daughter was found. It is further alleged that soon after the marriage, the in-laws committed cruelty and always used to demand additional dowry. Learned counsel for the applicant submits that the applicant is father-in-law and at the time of occurrence he was residing separately in the same Village. Learned counsel for the applicant has drawn attention of the Court towards the copy of the family register which shows that the deceased was not residing with the applicant at time of her death. General allegations have been levelled against the accused persons. The applicant is languishing in jail since 21.08.2019 without having any previous criminal antecedents.
It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
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.
Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant, Pradeep, involved in Case Crime/F.I.R. No. 314/2019, under Sections 498A/304B I.P.C. and Section 3/4 D.P. Act, Police Station – Sidhauli, District – Sitapur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) 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.
(v) 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.
(vi) 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
Order Date :- 7.1.2020