Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34880 of 2018 Applicant :- Banwari Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Babu Sharma,Ardhendu Shekhar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in case crime no.552 of 2018, under Sections 306 I.P.C., Police Station-Khurja Nagar, District- Bulandshahar is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the FIR was lodged by the first informant, father of the deceased against the applicant and two other family members on 22.05.2018. Initially, the FIR was registered under Section 302 IPC but during the investigation, it was converted into Section 306 IPC. As per post mortem report, there is a deep 95% burn injuries over the person. The allegation is that the deceased was subjected to cruelty and harassment by the members of her matrimonial house in connection with the demand of Rs. two lacs and due to non-fulfillment of additional demand of dowry, she was tortured till her death. The applicant is the father-in-law of the deceased and is aged about 60 years. General and generic role has been attributed to all the accused persons. There is no evidence of any abetment at any point of time of the applicant. The applicant has no motive or reason to abet his daughter-in-law(deceased) to commit suicide. The 161 Cr.P.C. statement of witnesses shows that the deceased was perturbed by the bad habits of her husband and this could be one of the reason for taking this extreme step. The case of the applicant is distinguishable from the husband. The applicant can be said to be the least beneficiary of the said dowry demand. The case of the applicant is distinguishable from the husband. The applicant is in jail since 24.05.2018, having no criminal antecedents to his credit.
Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Keeping in view the relationship of the applicant with the deceased, nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and seeing the nature of injury, I am of the view that the applicant has made out a case for bail.
Sections 306 I.P.C., Police Station-Khurja Nagar, District-Bulandshahar be released on bail 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 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 HER COUNSEL. IN CASE OF HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE 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 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 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 her bail so granted by this court.
Order Date :- 17.9.2018 Sumit S