The case has been taken up through video conferencing.
Heard learned counsel for the applicant and learned A.G.A.
As per learned counsel for the applicant, the present applicant is in judicial custody since 6.1.2021 in Case Crime No.07 of 2021, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, Police Station ? Mohammadpur Khala, District ?Barabanki.
Learned counsel for the applicant has submitted that the present applicant is an old aged person of 70 years and is father-in-law of the deceased. As per learned counsel for the applicant, relations of the present applicant with the deceased were cordial and he had never demanded dowry from the family of his daughter-in-law (since deceased) or from the deceased. He has falsely been implicated in the case. Learned counsel for the applicant has further submitted that the applicant shall cooperate with the trial proceedings as charge sheet has already been filed in this case. The applicant shall not misuse liberty of the bail if granted by this Court. Further, the applicant shall abide by all terms and conditions of the bail order.
Learned A.G.A has, however, opposed the prayer for bail but he has not disputed the aforesaid submission of learned counsel for the applicant.
Considering the aforesaid facts and without entering into merits of the case, let applicant- Kandhai Rawat be released on bail in the aforesaid case crime number 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.
Order Date :- 24.5.2021 RBS/-