Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28373 of 2018 Applicant :- Kamlkant And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Purushottam Dixit Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants as well as learned A.G.A for the State and perused the record.
By means of this application, the applicants who are involved in case crime no.0180 of 2017, under Section 306 IPC, Police Station-Bannadevi, District- Aligarh are seeking enlargement on bail during the trial.
Learned counsel for the applicants submitted that the FIR was registered by Smt. Babli, wife of the deceased on 07.03.2017 for the incident said to have been taken place on 27.01.2017. As per the text of the FIR, wife has lodged the complaint against her in-laws for abetting her husband to commit suicide as they were pressurizing her husband to divorce her. When the deceased declined to do so, all the family members started torturing him and On account of it, the husband committed suicide by hanging himself. Learned counsel further submitted that the entire prosecution story appears to be quite unreasonable. The FIR was registered by the informant after two months of the alleged incident and no plausible justification has been given in this regard. The next contention is that co-accused persons namely Smt. Radha and Bhup Singh have been granted bail by co-ordinate Bench of this Court on 24.04.2018 in Criminal Misc. Bail Application No. 14963 of 2018 and the case of the applicants stand on similar footing of that co-accused persons. The applicants are in jail since 11.06.2018, having no criminal antecedents to their credit.
Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicants.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and seeing the nature of injury, I am of the view that the applicant has made out a case for bail.
Let the applicant-Kamlkant and Kumar Pal, involved in case crime no.0180 of 2017, under Section 306 IPC, Police Station-Bannadevi, District-Aligarh be released on bail 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 APPLICANTS 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 APPLICANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH THEIR COUNSEL. IN CASE OF THEIR ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST THEM UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANTS MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE THEIR 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 THEM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANTS 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 THEM 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 APPLICANTS.
However, it is made clear that any wilful violation of above conditions by the applicantS, shall have serious repercussion on their bail so granted by this court.
Order Date :- 30.7.2018 Sumit S