Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52000 of 2019 Applicant :- Amit Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicant, Amit Kumar, who is involved in Case Crime No.89 of 2019, under Sections 498-A, 304-B, 316, 326, 323 and 506 I.P.C. and 3/4 of D.P.Act, P.S.- Bhadohi, District- Bhadohi.
As per the F.I.R. version, daughter of the informant namely Anshu married with the brother of the applicant namely Santhosh Kumar before four years from the date of occurrence. It is alleged in the F.I.R. that the family members of the applicant were demanding dowry as Rs.50,000/- and Motor Cycle and when the said demand was not fulfilled then on 09.02.2019 accused persons sprinkled kerosene oil upon Anshu, the deceased and thereafter burned with the match box.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is brother-in-law of the deceased. There is no specific role assigned in the F.I.R. to the applicant. The applicant has been falsely implicated in the present case. He has not committed any offence as alleged in the F.I.R. Chargesheet has been filed on 28.07.2019. The applicant has no previous criminal history as stated in para-17 of the bail application, he is not likely to abscond. The applicant is in jail since 24.07.2019.
Learned counsel for the applicant has placed an order dated 14.11.2019 passed in Criminal Misc. Bail Application no.49088 of 2019 whereby co-accused Sarita Devi has been granted bail by this Court.
Learned Additional Government Advocate appearing on behalf of State-respondent vehemently opposed the bail application but not contradicted the aforesaid facts.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant, Amit Kumar, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with 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, if 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 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 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 his bail and proceed against him in accordance with law.
Order Date :- 28.11.2019 Asha