Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23132 of 2019 Applicant :- Mahendra Chaudhary Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamal Kumar Singh,Dharnidhar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Kamal Kumar Singh, learned counsel for the applicant and Prashant Kumar, learned A.G.A. for the State for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Mahendra Chaudhary with a prayer to enlarge him on bail in Case Crime No. 346 of 2018, under Section 306 I.P.C., Police Station-Mahdawal, District- Sant Kabir Nagar, during the pendency of the trial.
Upon the death of the husband of the applicant, who admittedly had committed suicide, an F.I.R. dated 23.12.2018 was lodged and was registered as Case Crime No. 346 of 2018, under Section 306 I.P.C., Police Station- Mehdaval, District-Sant Kabirnagar. In the said F.I.R., two persons, namely, wife of the deceased i.e. the present applicant and Mahendra Chaudhary, who is alleged to be valentine of the present applicant were nominated as the named accused. The F.I.R. contains a recital that since the deceased had seen the present applicant in the company of Mahendra Chaudhary in objectionable position and therefore he committed suicide. The F.I.R. also contains a recital that from the pocket of the deceased, a suicide note has been recovered, wherein the facts as stated herein above have been stated. Learned counsel for the applicant submits that at the time of the occurrence of the alleged occurrence, the present applicant was not residing in the place of her in-laws, but was residing at her native place. Therefore, the applicant was not present in the house at the time of occurrence. It is thus submitted that from the wedlock of the applicant and the deceased, a son was born, who is aged about one year and six months on date. The applicant is in jail along with her minor child, who is of the very tender age. It is further urged that the proof of the charge under section 306 I.P.C. is subject to trial evidence. However, except for the alleged suicide note, there is no other material on the basis of which it can be said that the applicant has abetted in the commission of the alleged crime by way of aid, instigation or conspiracy. In short, the submission is that the applicant is being prosecuted for an unabetted offence only to deprive the widow of her original share in the joint property. On the aforesaid factual premise, it is urged that the present applicant is liable to be enlarged on bail. It is next argued that the co-accused, namely, Archana has already been enlarged on bail by the another Bench of this Court vide order dated 5th February, 2019 passed in Criminal Misc. bail Application No. 4950 of 2019. The case of the present applicant is similar and identical to that of the aforesaid co-accused. As such the present applicant is also liable to be enlarged on bail. The applicant has no criminal antecedents to his credit except the present one. It is lastly contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 15th May, 2019.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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.
(Manju Rani Chauhan, J.) Order Date :- 3.6.2019 Sushil/-