Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45913 of 2020 Applicant :- Mahendra Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjeev Kumar Gaur,Babita Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Smt. Babita Upadhyay, learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant, who is involved in case crime no.353 of 2019, under Section 306 IPC, Police Station-Pipri, District-Kaushambi is seeking enlargement on bail during the trial. The applicant is languishing in jail since 26.09.2019.
Submission made by learned counsel for the applicant is that Smt. Saga Devi has lodged the present FIR under Section 302 and 328 IPC on 17.09.2019 against sole named accused person Mahendra Singh. As per the text of the FIR the applicant got married with the deceased about 10 years back. From the FIR as well as from the statement of the witnesses, it is clear that the marital relationship between applicant and the deceased was not congenial. There marital life is full of turmoil and disturbances. There was a constant maar peet and maltreatment by the applicant towards the deceased. In addition to above, the applicant is in bad habit of drinking and that has spoiled his domestic life. Out of sheer frustration, the deceased has consumed some poisonous substance and took this extreme steps. It is further contended by the learned counsel for the applicant that thrashing the material on record, it could not be said that action on the part of the applicant and does not fall within the purview of Section 107 IPC Neither there is any role of any goading, abetment or instigation on the part of the applicant to take this extreme steps. Besides this, it is submitted that the applicant has got a responsibility of younger girl Pihu aged about 6 years.
Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant-Mahendra 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 SHE 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 HER COUNSEL. IN CASE OF HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HER 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 HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(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 HER 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:
1. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
2. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
3. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
4. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 Abhishek Sri.