HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 14

Case :- BAIL No. – 8353 of 2018

Applicant :- Rajnesh @ Bhanu @ Rajnish

Opposite Party :- State Of U.P.

Counsel for Applicant :- Raghunath Singh

Counsel for Opposite Party :- Govt. Advocate

Hon’ble Anant Kumar,J.

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

The present bail application has been filed by the applicant in case crime No.80 of 2018, under Sections 498A, Section304B I.P.C. and 3/4 D.P. Act, police station Kamlapur, District- Sitapur.

As per version of the F.I.R., marriage of the deceased had taken place along with the applicant about five years back. It is stated that there was a demand of additional dowry of one motor-cycle and due to non-fulfillment of the same, the deceased was tortured and earlier also criminal proceedings were initiated against the applicant. However, on 01.05.2018 at about 4.00 p.m. the complainant received an information that her sister had died. When he went to the scene of occurrence, it was found that her dead body was lying outside the village in a grove. It is stated by learned counsel for the applicant that earlier some difference was between husband and wife and she has left the house of the applicant, regarding which, applicant had filed a suit for restitution and conjugal right being Case No.714 of 2016, in which, later on, the parties had compromised and compromise was filed in the court on 09.03.2017 and since then she was living with the applicant happily and there was no complaint. The applicant was planning to go to Delhi for earning his livelihood but she was opposing the same, due to which, she had committed suicide. While she had gone to ease herself in a grove, it is stated that from the scene of occurrence, a Lota (Utensil Pot) was also recovered.

Opposing the prayer for bail, learned A.G.A. has stated that if the deceased would have planned to commit suicide, she could not use her Sari but Nylon rope was found on the scene of occurrence. These facts can be very well looked into during the course of trial. The applicant is languishing in jail since 04.05.2018 and he has no criminal history.

Learned A.G.A has, however, opposed the prayer for grant of bail.

Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

Let applicant (Rajnesh @ Bhanu @ Rajnish) 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 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.

Order Date :- 4.9.2019

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