HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 44159 of 2019
Applicant :- Rajvir
Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Rathore,Sanjeev Kumar
Counsel for Opposite Party :- G.A.
Hon’ble Pritinker Diwaker,J.
Heard Sri Rakesh Kumar Rathore, learned counsel for the applicant, Sri Amit Sinha, learned AGA for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Crime No. 0078 of 2019 under Sections 498A, Section304B of I.P.C and 3/4 SectionDowry Prohibition Act, registered at Police Station, Onchha, District Mainpuri.
As per prosecution case, marriage of deceased Kavita was solemnized with the son of the applicant namely Saurav on 16.2.2018 and she died on 27.5.2019 after hanging herself.
Learned counsel for the applicant submits that the applicant is a father-in-law of the deceased aged about 64 years. It has been argued that only general allegations have been levelled against the applicant otherwise he had nothing to do with the affair of his son and the deceased. He further submits that similarly placed co-accused Nema Devi wife of applicant has already been granted bail by this court vide order dated 23.9.2019 passed in Crl. Misc. Bail Application No. 38089 of 2019. Lastly, it has been argued that the applicant is in jail since 5.8.2019, trial is likely to take some time and, therefore, he be released on bail.
On the other hand, learned A.G.A. opposes the application for bail.
Considering the totality of the case, in particular, the nature of evidence and further considering the fact that similarly placed co-accused has already been granted bail, the applicant is in jail since 5.8.2019 and trial may take some time for final disposal, without further commenting on merit, I am inclined to release the applicant on bail.
Let the applicant Rajvir, be released on bail in the aforesaid case crime number on furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand) 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 shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 I.P.C.
(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., may be issued and if 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 I.P.C.
(iv) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
The application is, accordingly, disposed of.
Order Date :- 9.12.2019