Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49339 of 2018 Applicant :- Lakhmi Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Rajesh Kumar Pandey, learned counsel for the applicant and the learned A.G.A. for the State.
Rejoinder affidavit filed on behalf of the applicant today in Court is taken on record.
This application for bail has been filed by the applicant-Lakhmi seeking her enlargement on bail in Case Crime No. 164 of 2018, under Sections 306 IPC, P.S Araniya, District Bulandshahr.
Learned counsel for the applicant submits that the applicant is the husband of the deceased. The marriage of the applicant was solemnized with the deceased on 15.2.2011 whereas the deceased committed suicide in the month of 2018 i.e. seven years after marriage. As such, no legal presumption is available to the prosecution. The applicant has been charge-sheeted under section 306 I.P.C.. However, the proof of charge under Section 306 I.P.C. is subject to trial evidence. The co-accused Chander @ Chandrasain and Sundar, who are similarly situate, have already been enlarged on bail by this Court. It is thus urged that since the co-accused have already been enlarged on bail, the present applicant is also liable to be enlarged on bail.
Learned AGA has opposed the prayer for grant of bail to the applicant but he could not dispute the legal and factual submissions raised 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 applicant-Lakhmi be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses;
(ii) 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;
(iii) 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;
(iv) 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; and
(v) 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 Order Date :- 21.12.2018 YK