Heard Sri Nisha Srivastava, learned counsel for the Applicant and Sri Ajai Kumar Singh Tomar, the learned AGA for the State.
Learned counsel for Applicant has contended that the Applicant is the brother-in-law of the deceased and has been falsely implicated in the present case. The counsel contends that in the FIR general allegations have been levelled for demand of dowry and torture against all the family members including the Applicant; that in her statement under Section 161 CrPC the deceased stated that she was harassed and beaten at the time of occurrence for demand of dowry, however, in her dying declaration she changed her statement and alleged that there was illicit relationship between Shiv Devi, the wife of the Applicant and her nandoi namely Arvind Kumar, which was within the knowledge of the deceased and when the accused persons came to know this fact that they assaulted her but the deceased did not name the persons who set her ablaze; that in the dying declaration the deceased has not named the person who is alleged to have caused the burn injuries. It has been pointed that the co-accused Shivdevi, who has been ascribed a similar role, has been enlarged on bail in Bail No. 1054 of 2020, Shivdevi v. State. The counsel contends that the Applicant has no criminal history and he is languishing in jail since 30.08.2019. It is contended that there is no possibility of the Applicant fleeing away from judicial custody or influencing the witnesses.
Learned AGA has opposed the prayer for bail but he could not dispute the facts as argued by the counsel for the Applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the Applicant is entitled to be released on bail in this case.
Let the Applicant, Nanhu @ Krishna Kumar, involved in Case Crime No. 68 of 2019, under Sections 498-A, 323, 326, 302 IPC and 3/4 D.P. Act, Police Station Kotwali Haidargarh, District Barabanki be released on bail on his 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 would 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 CrPC 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 CrPC. 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.
Order Date :- 19.2.2021 Anurag