Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14130 of 2021 Applicant :- Nagendra Singh And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Matter taken up through Video Conferencing.
Heard Sri Pradeep Chauhan learned counsel for the applicant, Sri Virendra Kumar Maurya learned AGA for the State who have appeared through Video Conferencing.
Perused the material on record.
An exemption application has been filed on behalf of the applicant along with present bail application for exempting the filing of certified copy of the impugend F.I.R. as it could not be made available to the applicant due to COVID-19.
The exemption application is allowed.
The filing of certified copy of the F.I.R. is hereby exempted.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants Nagendra Singh and Smt. Priti, seeking enlargement on bail during trial in connection with Case Crime No. 360 of 2020, under Section(s) 498A, 304B, 316 I.P.C. and Section 3/4 D.P. Act, registered at P.S. Sadabad, District Hathras.
Learned counsel for the applicants argued that the applicants are jeth and jethani of the deceased. It is argued that general and omnibus allegations have been levelled against all accused persons. It is further argued that the applicants being husband and wife are living separately from the deceased and her husband who happens to be the brother of the applicant no. 1. It is argued that it was a dispute between husband and wife going on in which the applicants intervened and were also assaulted by the husband of the deceased as a result of which both the applicants have received injuries for which they were medically examined and were also admitted in hospital for management and better treatment of injury. Counsel has placed before the Court annexure no. SA-2 to the supplementary affidavit being the medical papers of the applicants which shows that the applicant no. 2 Priti has received a fracture of left lateral orbital wall and the applicant no.1 Nagendra Singh has received injury on his head. It is further argued that co-accused Smt. Gora Devi who is mother-in-law of the deceased, has been granted bail by a co-ordinate Bench of this Court vide order dated 29.1.2021 passed in Criminal Misc. Bail Application No. 46912 of 2020 (Smt. Gora Devi Vs. State of U.P.), copy of which is annexure no.5 to the affidavit filed in support of bail application. It is argued that the applicants have no other criminal antecedents as stated in para-15 of the affidavit and are in jail since 20.9.2020.
Per contra, learned AGA has opposed the prayer for bail After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicants may be enlarged on bail.
Let the applicants- Nagendra Singh and Smt. Priti, be released on bail in the aforesaid case crime number on their 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants shall file an undertaking to the effect that they 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.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever. In case, the applicants misuse 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 applicants fail 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 I.P.C.
(V) 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 applicants 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 and the trial court may proceed against them under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicants.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
(Samit Gopal,J.) Order Date :- 26.5.2021 Naresh