Court No. - 54 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32700 of 2018 Applicant :- Deepak Chaudhari Opposite Party :- State Of U.P.
Counsel for Applicant :- Awadhesh Prasad 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. 5 of 2016, under Sections 304-B, 498A, 328, 406, 506 IPC and 3/4 of the Dowry Prohibition Act, Police Station-Mahila Thana Nawabad, District-Jhansi, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is the husband and was implicated under Section 304B, 498A, 328, 406, 506 IPC and 3/4 of the Dowry Prohibition Act. FIR was delayed by one month and 11 days and no specific explanation of delay has been explained. It is contended by learned counsel for the applicant that on account of stomach ache wife of the applicant was admitted by the applicant for treatment to the Medical College, Jhansi for 4 days and was managed and cared by Dr. Satyendra Rajput; that once again she was admitted to the hospital on 12.12.2015 for the aforementioned compliant. Her surgery regarding the intestine was done by Dr. Pankaj Saunakiya and the deceased was remained in hospital for considerable period of 17 days. Thereafter deceased sought discharged from the hospital and taken her to their place. As per the opinion of the doctor, she was having pens in her intestine and she died on account of septicaemia. The applicant is in jail since 23.12.2016, 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 circumstances of the case and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant-Deepak Chaudhari, be released on bail in Case Crime No.05 of 2016, under Sections 304-B, 498- A, 328, 406, 506 IPC and 3/4 of the Dowry Prohibition Act, Police Station-Mahila Thana Nawabad, District- Jhansi 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 HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM UNDER SECTION 229-A IPC.
(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 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 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 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 :- 28.8.2018 S. Thakur