Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27319 of 2018 Applicant :- Anupam Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Km. Anjana Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Sri Gaurav Pundir, Advocate, has filed his vakalatnama on behalf of the complainant and counter affidavit filed by learned AGA, are taken on record.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant who is involved in case crime no. 76 of 2018, under Section 306 IPC, P.S. Kotwali, District- Gorakhpur, is seeking enlargement on bail during the trial.
Learned counsel for the applicant in support of his application for bail submits that the applicant is innocent. He has been falsely implicated. It is further submitted that the FIR was registered by one Shubham Kushwaha, brother of the deceased with the allegation that after 11 years of marriage the informant's brother-in-law (accused applicant) was having illicit relationship with number of girls (unspecified number of girls) and perturbed by this, her sister has committed suicide. The FIR was registered under section 302 of IPC but later on it was converted into under section 306 of IPC. In the opinion of doctor she is died due to hanging. In the statement of the informant recorded u/s 161 Cr.P.C. one of the witness Vasudev Kushwaha brother-in-law of the deceased (Jija) in no uncertain terms has said that the accused applicant was having a "cordial relationship" with his neighbours, it does not mean that he was having illicit relation with the girls of neighbourhood. It is further submitted that a charge sheet against the applicant has been submitted by the police under section 306 of IPC but there is no chance of tampering in the evidence. It is next submitted that the applicant is in jail since 06.05.2018 having no criminal antecedents except the present one.
Though this case was vehemently opposed by learned AGA and Sri G.K., learned counsel for the complainant but he is unable to give reply to these facts and could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail.
Let the applicant Anupam Kumar, be released on bail in the aforesaid case crime number on 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/SHE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) 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 THE HIM/HER IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 27.7.2018 Nisha