HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 12
Case :- BAIL No. – 67 of 2020
Applicant :- Sahabuddin
Opposite Party :- State of U.P.
Counsel for Applicant :- Ramakar Shukla
Counsel for Opposite Party :- G.A.
Hon’ble Mrs. Rekha Dikshit,J.
Supplementary affidavit filed by the learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that accused applicant has falsely been implicated in the present case. Accused applicant is Jeth of the deceased. He was living in separate house. When he received the information of the alleged incident, he reached the spot. It is further submitted that no specific role has been assigned to the accused applicant. He had not made any demand of dowry and the deceased was never subjected to cruelty for non fulfillment of demand of dowry. He has no concern with the alleged offence. As per the post-mortem examination report, there was no any ante mortem injury on the body of the deceased. The cause of death could not be ascertained, hence viscera was preserved. In viscera report DDVP insecticide poison was found.
The accused applicant is languishing in jail since 30.8.2019. It is next submitted that the applicant is neither a previous convict nor he has any criminal history. 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 tampering 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 Sahabuddin involved in Case Crime No. 36 of 2019, under Sections 498A, Section304B,Section506,Section328 IPC and Sectionsection 3/Section4 Dowry Prohibition Act, Police Station Jarwal Road, District Bahraich 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 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 :- 7.1.2020