Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36111 of 2019 Applicant :- Dharmendra Opposite Party :- State of U.P.
Counsel for Applicant :- Prabhakar Dwivedi Counsel for Opposite Party :- G.A.,Jitendra Singh
Hon'ble Samit Gopal,J.
Heard Sri Prabhakar, learned counsel for the applicant, Sri Jitendera Singh, learned counsel for the first informant, Sri Satish Kumar Singh, learned Brief Holder for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Dharmendra, seeking enlargement on bail during trial in connection with Case Crime No. 433 of 2019, under Sections 498A, 352, 506, 306 I.P.C., registered at P.S. Kant, District Shahjahanpur.
Learned counsel for the applicant argued that the applicant is the husband of the deceased Smt. Geeta Devi. It is argued that cause of death of the deceased could not be ascertained by the doctor conducting post mortem examination and hence, viscera was preserved. It is further argued that the doctor did not find any bodily injury and specific recital about the same is mentioned in the post mortem report. It is then argued while placing the supplementary affidavit that in the entire case diary and the charge sheet, copy of which are annexed as annexure no. S.A.-1 to the same, the viscera report is not present. It is argued that it is a case under Section 306 I.P.C. and there is no allegation of any abetment or instigation and even there is no motive of the applicant to commit murder of his wife Smt. Geeta Devi. It is further argued that marriage between the applicant and the deceased Smt. Geeta Devi was solemnized at about 14 years prior to the occurrence. It is argued that the applicant has no other criminal antecedents as stated in para-18 of the affidavit and is in jail since 17.7.2019.
Per contra, learned Brief Holder and learned counsel for the first informant have vehemently opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Dharmendra, 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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.
(V) 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 and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal,J.) Order Date :- 5.1.2021 Naresh