Heard Shri Anurag Dubey, learned counsel for the applicant, learned A.G.A. for the State and also perused the record.
By means of the present bail application the applicant, who is husband and facing prosecution in connection with Case Crime No.46 of 2020, under Section 306 I.P.C., P.S.-Dannahar, District-Mainpuri, is seeking his enlargement on bail during trial. The applicant is in jail since 27.08.2020.
Submission of learned counsel for the applicant is that instant F.I.R. was lodged on 12.03.2020 by one Ram Pratap for the incident said to have taken place on the same day against the applicant and other family members with the allegation that marriage of the deceased was solemnized with the applicant in way back in the year 2008 and since very inception the applicant used to misbehave with her. However, the couple were blessed with three children. The eldest son is aged about 10 years.
Contention raised by learned counsel for the applicant is that the applicant and his wife were residing in Delhi and during lock down they have arrived at their native place. The deceased was insisting for going back to Delhi which was the sole cause for dispute between husband and wife, on account of which the deceased committed suicide by hanging herself.
Today, supplementary affidavit annexing statement of the deceased, Smt. Sushila Devi, mother of the deceased recorded under Section 161 Cr.P.C. has been filed who in her statement recorded after five and half months from lodging of the F.I.R. had floated another theory with regard to the fact, that the applicant was questioning the character of his wife. This by itself is a vague theory without furnishing any necessary particulars in it. After 14 years of marriage, her taking extreme step without any cogent reason seems to be shocking.It seems,that there is serious and deeprooted discord and misunderstanding between husband and wife, may be the cause of taking this extreme step by applicant's wife. The wife has taken this extreme step on account of this discord. The fact remains that no action on the part of the applicant falls within the definition of abetment under Section 107 I.P.C.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, charge sheet has been submitted and nothing left to be investigated, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant-Harendra @ Rohan @ Harvendra Singh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(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 IPC.
(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 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 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:
1. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
2. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
3. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
4. 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.
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 :- 19.2.2021 MN/-