Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5144 of 2021
Applicant :- Adalat Yadav And 3 Others
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The instant anticipatory bail application has been filed on behalf of the applicants, Adalat Yadav, Tej Bahadur @ Teju Yadav, Natthu Yadav, Durgawati @ Chinta Devi, with a prayer to release them on bail in Case Crime No.712 of 2018, under Sections- 498A, 376, 308, 323, 506 I.P.C., Police Station- Baragaon, District- Varanasi, during pendency of trial.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
Learned counsel for the applicants has submitted that the applicants were enlarged on regular bail by this Court for committing offence under Section 498A, 325, 506 I.P.C. and 3/4 of Dowry Prohibition Act. Now they have been implicated for committing offence under Section 308 I.P.C. He has further submitted that the Additional Chief Judicial Magistrate, Court no.5, Varanasi has converted the Section 325 I.P.C. into Section 308 I.P.C. on the application of the informant. He has submitted that Magistrate has illegally amended the section on the application of the applicant.
For the reasons given in the earlier orders passed by this Court in bail applications of the applicants brought on record as Annexure-4 and considering the illegality committed by the Magistrate, the applicants are directed to be enlarged on anticipatory bail.
In the event of arrest and considering the second surge in the cases of novel coronavirus and possibility of further surge of the pandemic, the applicants shall be released on anticipatory bail. Let the applicants involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
2. The applicants shall surrender their passports, if any, to the concerned Court forthwith. Their passports will remain in custody of the concerned Court.
3. That 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 him from disclosing such facts to the Court or to any police officer;
4. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicants.
5. In case, the applicants misuse the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. The applicants 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, default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.
7. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
8. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 8.4.2021 Anil K. Sharma