Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23580 of 2019 Applicant :- Dharmveer Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sandeep Kumar Rai,Sanjay Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 04 of 2019, under Sections 302, 323, 504 I.P.C., police station Rohata, District- Meerut with the prayer to enlarge him on bail.
The contention of the learned counsel for the applicant is that admittedly the deceased was married to the son of the applicant about nine years before her death and therefore no benefit of presumption would be available to the prosecution. It has been submitted that the applicant is a 65 years old man and has a separate ration card with separate messing therefore the case of the applicant would be distinguishable from that of the co-accused, namely, husband of the deceased, who has also been made an accused. It has been submitted that although there are injuries found on the body of the deceased which may suggest that she has been strangulated but the injuries are over neck and they could be caused by a solitary person, whereas five of her in-laws including husband along with two- three others have been implicated. It has been submitted that the applicant is innocent; he has been falsely implicated; he has no previous criminal history; he is in jail since 16.01.2019 and, in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Dharmveer Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses;
(ii) 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;
(iii) 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 him under Section 229-A of the Indian Penal Code;
(iv) 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. 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; and
(v) 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 :- 6.6.2019 Sunil Kr Tiwari