Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54741 of 2019 Applicant :- Gurudutt @ Gurditta Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Let the counter affidavit filed by learned A.G.A. and supplementary affidavit filed on behalf of applicant be taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 250 of 2018 under Section 302 of IPC, Police Station Jhinjhana, District Shamli with the prayer to enlarge the applicant on bail.
The report of this incident was got lodged by the deceased's father against in-laws of the deceased against three accused namely Ranjot Singh, Guruditta Singh and Jasveer Kaur on the allegation that deceased Harvinder Kaur, who was married with Ranjot Singh in year 2006 and was blessed with two daughters and son out of this wedlock, was being harassed by her in-laws as they were causing physical and mental cruelty to the deceased. Further allegation as per FIR is that on 08.04.2018 the complainant's daughter was done to death by her husband, his father-in-law and mother-in-law. Post-mortem report of the deceased Harvinder Kaur shows that she had ante- mortem inury of a ligature mark size 41 x 0.8 cm dark brown in colour just above the thyroid cartilage on front both side and back of neck in front of neck the skin was seen pelted off and the doctor has opined the death to have been caused due to asphyxia.
The learned counsel for the applicant has submitted that the present accused applicant is aged about 65 years and general role has been assigned to all the accused and the present accused is suffering from age related ailments and is in jail since 26.05.2019. Further submission is that the deceased has committed suicide, which is evident from the statement of the independent witnesses of the locality, which were recorded by the police on 08.04.2018. The witnesses namely Pappi son of Jeet Singh, Makkhan Singh son of Jeet Singh, Sahab Singh, Swarg Singh and Gulab Singh have all stated that the deceased had committed suicide and her hanging dead body could only be taken down by the persons of the locality after cutting the rope which was tightly tied around her neck. The accused persons informed about the incident to the family members of the deceased and the accused persons including the present accused applicant have been falsely implicated in this case.
Learned A.G.A. has opposed the prayer for bail. But he could not dispute the facts that the above named witnesses have said that the deceased has committed suicide.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Gurudutt @ Gurditta involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 18.12.2019 LBY