Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30603 of 2019 Applicant :- Hariom Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Anil Kumar Dubey, learned counsel for the applicant, Sri Amit Singh Chauhan, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Hariom with a prayer to enlarge him on bail in Case Crime No.030 of 2019, under Sections 498-A, 308, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station Puranpur, District Pilibhit.
It has argued by the learned counsel for the applicant that the applicant is wholly innocent and being the husband of the victim, namely, Priyanka, he has been falsely implicated in the present case. It is next submitted that first information report has been lodged against all the family members of the applicant including himself i.e. Hariom-husband, Ram Chandra-father-in-law, Ramshree-mother-in- law, Shivram-brother-in-law and Krishna-sister-in-law of the victim alleging therein that all the accused persons used to harass and beat the victim due to non-fulfilment of the demand of dowry. It has further been alleged that on 17th January, 2019 at about 9-10 a.m. (morning) all the accused persons had beaten the victim and with an intention to kill her they hanged her by using a saree, due to which she sustained injury on her neck. It has further been argued by the learned counsel for the applicant that as per the medical examination report, the injuries sustained by the victim are simple in nature. No bony injury was found on the body of the victim. It has further been argued by the learned counsel for the applicant that though the first information report, general role of causing injuries to the victim has been assigned to all the accused persons, but in the statement recorded under Section 161 Cr.P.C. after two months from the date of incident, the victim has changed the version as unfolded in the first information report by stating that only the husband and father have tried to hang her by using a saree due to which she sustained injuries. It has further been stated by the victim that the other three co-accused, namely, mother-in-law, sister-in-law and brother-in-law of the victim, who resided separately from his parents used to support the victim, when she had been beaten and harassed by her father-in-law and husband. Learned counsel for the applicant has also pressed the issue of period of detention of the applicant i.e. 19.02.2019, who has undergone more than five months of incarceration. Co-accused Ram Chandra (father-in-law), having identical role, has been granted bail by this Court vide order dated 08.07.2019 passed in Crl. Misc. Bail Application No.27010 of 2019. Accordingly, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) 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.
(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 of the Indian Penal Code.
(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. 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.
(iv) 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 :- 30.7.2019
Anand Sri./-