HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 30
Case :- BAIL No. – 4947 of 2019
Applicant :- Ramladaitey
Opposite Party :- State of U.P.
Counsel for Applicant :- Alok Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon’ble Rajiv Joshi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Crime No.169 of 2018, under Sections 498A, 304B, 316 I.P.C. Section 3/4 Dowry Prohibition Act, Police Station Sandi, District Hardoi.
Applicant is husband of the deceased. As per the F.I.R. marriage of the applicant was solemnized with the victim five years back, an information was given to him about illness of the victim from his daughter and after two days of treatment she died in the Hospital.
Learned counsel for the applicant submits that in the F.I.R., there is no allegation of demand of dowry and even the cause of death could not ascertain from the FIR. Viscera was preserved and report of the vicera filed by learned AGA in the counter affidavit, in which no chemical was found in the body of the deceased. The accused-applicant is languishing in jail since 5.6.2018 (one year eight months) having no criminal history to his credit and conclusion of the trial will take long time. 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.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant-Ramladaitey involved in Case Crime Crime No.169 of 2018, under Sections 498A, 304B, 316 I.P.C. Section 3/4 Dowry Prohibition Act, Police Station Sandi, District Hardoi, 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 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 fo 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 :- 27.2.2020