HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 36180 of 2019
Applicant :- Sonu Kumar Gupta
Opposite Party :- State of U.P.
Counsel for Applicant :- Adya Prasad Tewari,Sheo Shankar Tripathi
Counsel for Opposite Party :- G.A.,Sanjay Shukla
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the applicant has been implicated for the death of his wife within seven years of her marriage. The cause of death was not ascertained. Visra of the deceased was preserved. In the counter affidavit filed by learned AGA visra report has been brought on record. No sign of poison was found therein. In the counter affidavit part of case diary has been annexed, perusal whereof shows that victim suffered abortion and consequently she suffered perfuse bleeding, which may have resulted into her death. There is no sign of violence found on her body. Applicant alleges false implication. He is in jail since 06.07.2019.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Sonu Kumar Gupta, involved in Case Crime No.169 of 2019, under Sections 323, 504, 498A, 328, 304 IPC, Police Station Shahpur, District- Gorakhpur 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.
(v) 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.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 6.2.2020