Heard Sri Anil Kumar Yadav and Sri Prem Prakash Yadav, learned counsel for the applicant and learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Amarnath Yadav @ Amar Singh Yadav with a prayer to enlarge him on bail in Case Crime No. 341 of 2020, under Sections 498-A, 323, 504, 506, 377 and 307 I.P.C. as also under Sections 3/4 D.P. Act, Police Station-Holagarh, District-Prayagraj, during the pendency of the trial.
It has been argued by learned counsel for the applicant that due to some matrimonial dispute, the present first information report has been lodged by the informant, Mamta roping five named accused persons, who are none other than her husband (applicant), father-in-law, mother-in-law, Devarani, and brother-in-law alleging therein that on 20th October, 2020 when she came to her matrimonial house from her parental house, all the named accused persons had beaten her brutally. Apart from the aforesaid allegations she has also made other allegations against all the accused persons with regard to offence punishable under Section 498-A, 377 I.P.C. and Sections 3/4 D.P. Act. After investigation, the Investigating Officer has submitted charge-sheet dated 16th December, 2020 against the accused persons only under Sections 498-A, 323, 504, 506 and 354-Kha I.P.C. as also under Sections 3/4 D.P. Act, which makes the prosecution case doubtful. It is also impossible to believe that when five persons had beaten her brutally but she sustained simple injuries as per the medical examination report. Learned counsel for the applicant further submits that since seven years have elapsed from the date of marriage of informant with applicant, therefore, no case for the offence under Section 3/4 D.P. Act is made out against the applicant and other co-accused persons. The learned counsel for the applicant lastly submits that the victim being a free lady did not want to live with her in-laws and she used to pressurise the applicant to live separately, but the applicant did not do the same for which she misbehaved with the applicant and his family members regularly. Due to her behaviour, the applicant moved a petition under Section 13 of the Hindu Marriage Act bearing no. Petition No. 971 of 2020 (Amar Singh Vs. Smt. Mamta Yadavt) in the month of October, 2020 and just after knowing about the same, she has engineered the present case roping all the family members of the applicant. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 23rd October, 2020.
Per contra learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the nature of the offence, provision for initiation of cases and release the accused, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Versus State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
(Manju Rani Chauhan, J.) Order Date :- 18.1.2021 Sushil/-