Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44746 of 2018 Applicant :- Kalu Alias Kalyan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Bhan Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Chandra Bhan, learned counsel for the applicant and learned A.G.A. for the State.
This application for bail has been filed by the applicant-Kalu Alias Kalyan Singh seeking his enlargement on bail in Case Crime No. 114 of 2018 under Sections 306, 354 and 506 I.P.C., P.S.-Nagina Dehat, District-Bijnor, during the pendency of the trial.
Perused the record.
From the record, it appears that an incident occurred on 28.08.2018, in which Sachin and his wife-Sonam committed suicide by hanging themselves. The information regarding the aforesaid incident was given by the father/ the father-in-law of the deceased, Ram Swaroop at the concerned police station and the same was entered in the General Diary of the concerned Police Station as G. D. Entry No. 015 of 2018. On the basis of the aforesaid information, the inquest of the e deceased was performed on 28.08.2018. In the opinion of the Panch witnesses, the death of the deceased was said to be suicidal. The post-mortem of the bodies of the deceased were conducted on 28.08.2018. The Doctor, who conducted the autopsy on the body of the deceased, opined that the death of both the deceased was on account of asphyxia as a result of ante-mortem hanging. Except for the ligature mark, no other external ante- mortem injury were found on the body of the deceased. At this stage, after four days of the occurrence, the father/ father-in-law of the deceased namely, Ram Swaroop submitted an application dated 31.08.2018 at the concerned police station wherein the present applicant was nominated as accused. The aforesaid application dated 31.08.2018 came to be treated as a written report (Tehrir) and on the basis of the aforesaid written report dated 31.08.2018 (Tehrir), Case Crime No. 0114 of 2018 under Sections 306, 354 and 506 I.P.C., P.S.-Nagina Dehat, District-Bijnor was registered.
In the aforesaid F.I.R., two persons, namely, Monu and Kaloo were nominated as named accused. The Police upon completion of the statutory investigation of the aforesaid case crime number in terms of Chapter XII Cr.P.C. has submitted a charge-sheet dated 16.09.2018 against all the named accused. According to the learned counsel for the applicant, upon submission of the aforesaid charge- sheet, cognizance has been taken by the court concerned but the case has not yet been committed to the Court of Session.
Learned counsel for the applicant submits that the applicant is innocent. The applicant is in jail since 06.09.2018. The applicant has no criminal antecedents to his credit except the present one. It is next contended that the proof of charge under Section 306 I.P.C. is subject to trial evidence and upto this stage, there is no such evidence on the basis of which it can be said that the present applicant has instigated, conspired or aided in the commission of the alleged crime. Therefore, it is urged that there is no abetment on the part of the present applicant. It is then contended that the name of the present applicant has surfaced only on the basis of the application dated 31.08.2018 submitted by the father/father-in-law of the deceased, which is a written report. The same has been submitted after four days of the occurrence even when the information of the occurrence dated 28.08.2018 had already been given by the first informant at the concerned Police Station on 28.08.2018, which was entered in the General Diary of the concerned police station as General Diary Entry No. 015 of 2018. It is thus urged that the present applicant has been implicated as an after thought on the part of the first informant. On the aforesaid factual premise, it then urged that the present applicant is liable to be enlarge on bail.
Per contra, the learned AGA has opposed the prayer for bail. He submits that the applicant is a charge-sheeted accused and on account of the present applicant, the son and daughter-in-law of the applicant have committed suicide. Therefore, the present applicant does not merit any sympathy of this Court. Thus, the bail application of the applicant is liable to be rejected. However, the learned A.G.A. could not dispute the factual and legal submission made by the learned counsel for the applicant.
Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon consideration of the evidence on record as well as the complicity of the applicant but without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail. Accordingly, the bail application of the applicant is allowed.
Let the applicant-Kalu Alias Kalyan Singh 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 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 I.P.C..
(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 I.P.C.
(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.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his 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 :- 28.11.2018 YK