Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52369 of 2019 Applicant :- Ashish Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Dinesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No.491 of 2019, under Section 306 IPC, Police Station Kotwali, District Etawah.
Learned Counsel for the applicant submits that the FIR has been lodged against the applicant and other co-accused persons on 02.08.2019 at 08:00 P.M. in respect to an incident which is said to have taken place on 30.07.2019 at 12:00 PM. (night). He further submits that the applicant has been falsely implicated in this case as there is no evidence which shows that the deceased was never abeted or instigated by the applicant. There is no allegation of abetment as provided under Section 107 of I.P.C. read with Section 306 of I.P.C. the applicant is simple businessman of cloths.
Learned Counsel for the applicant has further submitted that the informant Janak Singh has submitted an affidavit on 06.09.2019 before the police authority stating therein that the marriage of his daughter Ramakanti @ Pinki was taken place with the applicant on 05.06.2009. It has also been stated in the affidavit that his daughter was mentally disturbed and due to which, she committed suicide. The applicant and other-accused persons have never harassed the deceased. The affidavit is the part of the case diary.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, arguments advanced by learned counsel for the parties and without expressing any opinion on merits, I am of the view that it is fit case for bail.
Let the applicant Ashish Kumar be released on bail in Case Crime No.491 of 2019, under Section 306 IPC, Police Station Kotwali, District Etawah 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:
(1) 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;
(2) 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;
(3). 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.
(4) 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 :- 27.11.2019 akverma