HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 27
Case :- BAIL No. – 10646 of 2019
Applicant :- Ram Shabad Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Virendra Kumar Tripathi,Shamsher Ali
Counsel for Opposite Party :- G.A.
Hon’ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
Learned counsel for applicants submits that it is admitted case of the prosecution that deceased has committed suicide. She left a suicide note which is on record. In the suicide note, no allegation against the applicants have been made. He further submits that the applicants are father-in-law and mother-in-law of the deceased. He further submits that applicant No.1 is aged about 70 years and applicant No.2 is aged about 68 years. He further submits that the applicants have no criminal history.
It is lastly submitted that there is no possibility of the applicants of fleeing away from judicial custody or tampering with the witnesses. In case the applicants are enlarged on bail, they 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 applicants.
Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicants, Ram Shabad and Vimla Devi involved in Case Crime No. 0019 of 2019, under Sections 498A, Section304B IPC and Section 3/4 of D.P. Act, Police Station – Jankipuram, District – Lucknow be released on bail on their 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 applicants will not tamper with the evidence during the trial.
(ii) The applicants will not pressurize/ intimidate the prosecution witness.
(iii) The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(vi) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 11.11.2019