Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48816 of 2018 Applicant :- Banwari Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Brij Raj Verma Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Brij Raj Verma, the learned counsel for the applicant, learned AGA for the State and perused the material on record.
This application for bail has been filed by the applicant-Banwari Lal seeking his enlargement on bail in case crime no. 0411 of 2018, under Sections 498A, 304B, 323, 504 IPC and Section 3/4 D.P.Act, P.S. Puranpur, District Pilibhit, during the pendency of the trial.
Perused the record.
Learned counsel for the applicant submits that the first informant had lodged the first information report dated 12.07.2018 naming cousin-father-in-law (chachia sasur) Kundan Lal, cousin-mother-in- law (chachia saas) Godawari and father-in-law Banwari Lal. The name of the husband was conspicuous by its absence from the array of the accused persons named in the F.I.R.. It is then submitted that there is no dying declaration or the statement of the deceased under Section 161 Cr.P.C. The applicant alongwith with his wife has been residing separately from the family of the deceased. To buttress his submission, learned counsel for the applicant has invited the attention of the Court to the extract of the Family Register pertaining to the present applicant, photocopy of which is on the record at page 61 of the paper-book. As such, the applicant has no role to play with the family life of the deceased. The applicant is in jail since 13.08.2018. The co-accused-Kundan Lal-cousin father-in-law and Godawari-cousin mother-in-law have already been enlarged on bail. The case of the present applicant is similar and identical to that of co-accused. As such the present applicant is also liable to be enlarged on bail.
Per contra, the learned AGA has opposed the prayer for bail. He submits that the applicant is the named accused and therefore the bail application of the applicant is liable to be rejected. However, the learned A.G.A. could dispute the factual as well as legal submissions made by the learned counsel for the applicant.
Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon consideration of the evidence on record as well as the complicity of the applicant but without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail. Accordingly, the bail application of the applicant is allowed.
Let the applicant-Banwari Lal 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 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 counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under section 229-A I.P.C..
(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., 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, in accordance with law, under section 174-A I.P.C.
(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 him 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 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 :- 20.12.2018 YK