Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33073 of 2018 Applicant :- Dharmendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharad Sharma,Shivendra Kumar Counsel for Opposite Party :- G.A
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 327 of 2017, under Sections 323, 328, 506, 498A, 304B IPC, and Section 3/4 D.P.Act, P.S. Patwai, District Rampur is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is husband. The FIR of the incident was lodged on 23.08.2017, in which she has given vivid description of the incident mentioning therein that the present applicant along with his parents under the pretext of administering the medicine have administered acid to her, and under serious condition, she was admitted to Teerthanker Mahaveer Hospital and Research Centre, Moradabad, and thereafter, taken to Safdar Jang Hospital, Delhi and lastly to AIIMS hospital. She remained under treatment from 6.5.2017 to 11.9.2017. Intermittently, her father taken her to AIIMS for specialized treatment, but due to providence she took her last breath on 10.3.2018. According to the doctors, she died due to septicaemia. General role has been attributed to all the family members. It is highly unlikely that the acid would be administered under some misconception by the mother-in-law and the husband. She died after ten months of the incident on account of Septicaemia. There is no specific allegation of active and vital role played by the mother-in-law in administering the acid. It is next submitted that the applicant is in jail since 12.03.2018.
Per contra learned AGA opposed the prayer for bail but could not dispute the aforementioned facts.
Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.
In view of the above, let the applicant- Dharmendra be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 327 of 2017, under Sections 323, 328, 506, 498A, 304B IPC, and Section 3/4 D.P.Act, P.S. Patwai, District Rampur with the following conditions:-
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/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
(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/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 HIM/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 THE HIM/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 his/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 :- 31.8.2018 Abhishek Sri.