Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31110 of 2018 Applicant :- Mishri Lal Kesarwani Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinod Kumar Shukla Counsel for Opposite Party :- G.A.,Pankaj Kumar
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned counsel for the informant 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.474 of 2018, under Sections 498A, 304B, 506 I.P.C. and Section 3/4 D.P. Act Police Station-Dhoomanganj District-Allahabad is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the FIR was lodged by the first informant, father of the deceased against the applicant and three other co- accused persons. The allegation is that the deceased was subjected to cruelty and harassment by the members of her matrimonial house in connection with the demand of Rs. one lac and a golden chain as an additional dowry and due to non-fulfillment of demand of dowry, she was tortured till her death. The applicant is the father-in-law of the deceased. There are two allegations made in the FIR. The first one is the demand of Rs. 50,000/- and a gold chain as an additional dowry and the second part is of illicit relationship of the deceased's husband with one Namita Yadav. Namita Yadav used to extend the threats to the deceased and prompted by that, deceased has committed suicide by hanging herself. Namita Yadav is also one of the co-accused among the array of the parties. There is no other injury over the person. Learned counsel further submitted that it is the applicant who has tried his level best to save the life of the deceased and admitted her to S.R.N. Hospital and after demise of the lady, he has given the information to the police which finds place at page-37 i.e. G.D. Entry No. 049 dated 18.04.2018. The applicant is in jail since 20.04.2018, having no criminal antecedents to his credit.
Learned A.G.A and learned counsel for the informant 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 relationship of the applicant with the deceased, 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.
2018, under Sections 498A, 304B, 506 I.P.C. and Section 3/4 D.P. Act Police Station-Dhoomanganj District-Allahabad 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 APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/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 HIS/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/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 HIM/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 THE HIM/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.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 23.8.2018 Sumit S