The case has been taken through video conferencing facility.
Heard learned counsel for the accused applicant, learned A.G.A. for the State and perused the record.
The present application under Section 439 Cr.P.C. has been filed by the applicant seeking bail in Crime No. 333 of 2020, under Sections 498-A, 323, 306 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Ghazipur, District Lucknow.
The accused applicant is the husband of the deceased, Anamika, who got married with the accused applicant in June, 2012. Out of their wedlock there are two children, one son and one daughter, aged five and six years respectively. The postmortem report discloses that except ligature mark there is no other injury caused to the victim. Harassment for dowry demand after eight years of marriage does not prima facie appear to be very convincing. The accused-applicant is languishing in jail since 30.05.2019. He has two minor children to lookafter them.
Learned A.G.A., however, opposes the prayer for bail of the applicant, but could not controvert the other factual submissions made by the learned counsel for the accused-applicant.
Considering these facts, it would be appropriate to enlarge him on bail. The bail application is, thus, allowed.
Let accused-applicant Chandra Shekhar Gupta @ Chandan Gupta be released on bail in the aforesaid F.I.R. on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Trial Court on being summoned 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 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 her under Section 229-A of the Indian Penal Code.
(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. 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 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.
Order Date :- 16.4.2021 Mustaqeem