The first Bail Application No. 7952 of 2017 of the accused applicant was rejected on 03.12.2018 as not pressed.
This is a second bail application, which has been filed on behalf of the applicant in Case Crime No. 130 of 2017, under Sections 366/494/304 IPC, Police Station Hasanganj, District Lucknow with the prayer to enlarge him on bail.
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Heard learned counsel for the applicant and learned A.G.A.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the case. The deceased and the accused applicant was having love affair and married each other. The deceased became pregnant and they both did not want birth of a child and in order to abort the same, medicine was given to the deceased by the accused applicant. The accused applicant took the deceased to the Hospital but she could not be saved. There was no intention to kill the deceased. The deceased died due to heavy bleeding. There is no cogent evidence against the applicant connecting him with the alleged offence and there is no chance of the applicant's fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is in jail since 27.05.2017.
Per contra, learned A.G.A. appearing on behalf of the State has opposed the bail application of the applicant and submitted that the accused applicant did not take the deceased to the Doctor for her proper treatment and she was died due to his negligence as she was not given proper treatment by a competent Doctor. Learned A.G.A. has referred the statements of Dr. Anil Kumar Gupta and the first wife of the accused-appellant namely Roshnin. Smt. Roshnin has also stated that deceased told her that she was not taken to a good Doctor for her proper treatment.
Considered the submissions made by the learned counsel for the parties and perused the record.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties and the statement given by the deceased to the Doctor that she eloped with Javed (accused-appellant) on 01.05.2017 for causing abortion, without commenting on merits, I am of the view that the applicant should be enlarged on bail.
Let the applicant Javed involved in Case Crime no. 130 of 2017, under Sections 366/494/304 IPC, Police Station Hasanganj, District Lucknow 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 with 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.
(v)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) 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 :- 4.2.2021 Arun