Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45214 of 2021 Applicant :- Jai Kishun @ Munau Opposite Party :- State Of U.P Thru Principal Secretary Home Lknw And Counsel for Applicant :- Arun Kumar Bajpai Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Arun Kumar Bajpai, learned counsel for the applicant, Sri Ankit Srivastava, learned brief holder for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Jai Kishun@Munau, seeking enlargement on bail during trial in connection with Case Crime No. 15 of 2019, under Section 304 I.P.C. registered at P.S. Bakewar, District Fatehpur.
The prosecution case as per the F.I.R. lodged on 27.1.2019 at about 11:35 hours under Section 304 I.P.C., P.S.- Bakewar, District Fatehpur by Jitendra Babu against the applicant only, is that his sister Smt. Rajdevi @ Nisha aged about 40 years, was married to Jai Kishun @ Manau the present applicant and from the wedlock two sons and two daughters were born and out of whom one daughter has been married. Three children are living in the house. On 26.1.2019 at about 11.00 A.M. the applicant indulged in fight with the deceased while being in an intoxicated condition and sprinkled kerosene oil and set her on fire. His niece was present there at the house who stopped her father. He received an information about the incident. His sister was taken to C.H.C. Bindaki from where she was referred to Hallet Hospital, Kanpur after which in the evening the doctor told him that she may be taken back to home. While being brought home she died on the way.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that trial in the case has started in which Jitendra Babu who is the first informant, has been examined as P.W.1, Priyanka @ Jyoti who is the daughter of the applicant and the deceased, has been examined as P.W.-2 and Jay Narayan who is the brother of the applicant has been examined as P.W.-3, and all the said three witnesses have been declared hostile. They have stated that while cooking food, the roof of the house caught fire which was being tried to be extinguished by the deceased and in the said process she caught fire and received injuries. It is argued that looking to the statements of the said three witnesses, the implication of the applicant in the present case is false. It is argued that the applicant is in jail since 29.1.2019 having no criminal history as stated in para-15 of the affidavit.
Per contra, learned State counsel opposed the prayer for bail and argued that there are contradictions in the pleadings and the statement of P.W.-2 recorded before the trial court. The applicant is named in the F.I.R. and there are allegations against him.
After having heard learned counsels for the parties and perusing the record, it is evident that the first informant and the daughter of the deceased have been declared hostile and they have not supported the prosecution case. The applicant is having no criminal history.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Jai Kishun @ Munau, be released on bail in the aforesaid case crime number on furnishing a personal bond 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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.
(V) 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 and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 29.10.2021 Naresh Digitally signed by Justice Samit Gopal Date: 2021.10.29 18:16:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad