Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42710 of 2019 Applicant :- Dimple Kotedar @ Anurag Kumar Rawat Opposite Party :- State of U.P.
Counsel for Applicant :- Satyendra Kumar Gupta,Pankaj Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Shri Pradeep Chandra, learned Senior Counsel assisted by Shri Satyendra Kumar Gupta, learned counsel for the applicant and Shri J.K. Upadhyay, learned AGA for the State.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the trial in Crime No. 1247 of 2016, under Section 304 of IPC, Police Station-Kotwali Orai, District-Jalaun.
As per prosecution case, on 4.7.2016 at about 3.00 AM, when the applicant was riding his two wheeler - scooty and the deceased Akash was sitting as pillion rider, the said vehicle was hit by an unknown tempo resulting the death of the deceased and injuries to the applicant and five other persons who were standing there. On the report lodged by the applicant, Crime No. 0688 was registered against unknown person under Sections 229, 337, 338, 304A of IPC. After about three months of the incident, a report was lodged by mother of the deceased, based on which, the present FIR has been registered against the applicant.
Learned counsel for the applicant submits that it was a pure accident where unfortunately deceased died while sitting as pillion rider. Even if the entire prosecution case is taken as it is, offence under Section 304 of IPC is not made out against the applicant. He submits that initially police investigated the matter and have found nothing against the applicant, but later a case against him was registered under Section 304 of IPC. Lastly, it has been submitted that the applicant is in jail since 04.09.2019, and there is every likelihood that the trial may take some time for its final disposal.
On the other hand, learned AGA opposes the application for bail.
Considering the totality of the case, in particular the the nature of evidence collected by the prosecution, without further commenting on merits, I am inclined to release the applicant on bail.
Let applicant-Dimple Kotedar @ Anurag Kumar Rawat be released on bail in the aforesaid case crime number on furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand) 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 his absence, without sufficient cause, the trial court may proceed against him under Section 229-A I.P.C.
(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 I.P.C.
(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 his 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 :- 26.11.2019 nethra