Court No. - 1
Case :- CRIMINAL MISC. II BAIL APPLICATION No. - 16692 of 2019 Applicant :- Kamal Rajak Opposite Party :- State Of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Nanhe Lal Tripathi, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. appearing for the State and perused the record.
This is the second bail application on behalf of the applicant. The first bail application of the applicant was rejected by this Court on 13.3.2019.
It has been contended by the learned counsel for the applicant that the applicant is the husband of the deceased and their marriage was solemnized two years ago. It is further contented that the deceased was suffering from some ailment in her stomach for which once she was admitted in the hospital by the applicant and was medically treated, copy of the medical treatment has been annexed as Annexure No.2 to the first bail application. It is further submitted that the deceased on account of depression has committed suicide. It is next contended that as per post mortem report the deceased died due to cardiac respiratory failure as a result of hanging and she has not received any ante mortem injury except a ligature mark. It is also contended that after six days of the incident the present FIR was registered against the applicant levelling false allegations. The applicant has no other reported criminal antecedent. The applicant is in jail since 8.7.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Kamal Rajak involved in Case Crime No.64 of 2018 under Sections 498A, 304B IPC and Section 3/4 D.P. Act, Police Station Saujana, District Lalitpur be released on bail on his furnishing a personal bond with two sureties of Rs.1 lac (one should be family member) 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 27.9.2019 Deepika