Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34889 of 2018 Applicant :- Narendra Opposite Party :- State Of U.P. Counsel for Applicant :- Rohan Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard 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.307 of 2018, under Section 498A, 304B IPC and Section 3/4 D.P. Act, Police Station-Shamli District- Muzaffarnagar is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the though the applicant is husband and his marriage was solemnized with the sister of the informant in the year 2013 but after more than five years on 2.5.2018 unfortunately his wife committed suicide on which an FIR was lodged under Section 498A, 304B IPC and Section 3/4 D.P. Act, Police Station-Shamli District- Muzaffarnagar by the informant namely Sehdev who is brother of the deceased against three named and some unnamed persons with the allegation that there was demand of additional dowry which has resulted in this unfortunate incident of hanging. During investigation the statement of Badlooram, the father of the deceased was recorded in which he has clearly stated that her daughter was suffering from acute mental disorder and prior to the marriage, she was under the treatment of Dr. Salabh Jain of Saharanpur. After the marriage, a son was born out of this wedlock but unfortunately that too was died on account of bad health. Thereafter the mental ailment of the girl got aggravated and she become more violent and under this fit anger and depression, she has committed suicide. There is no other injury over the person except the ligature mark. There is no evidence of abatement to commit suicide. The applicant is in jail since 5.5.2018, having no criminal antecedents to his credit.
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 circumstances, nature of the offence, evidence, complicity of the accused, on the statement of father, Badlooram and submissions of the learned counsel for the parties, prima facie, it appears that on account of her temperamental behaviour she has committed suicide, therefore, the applicant has made out a case for bail.
Let the applicant-Narendra, involved in case crime no.307 of 2018, under Section 498A, 304B IPC and Section 3/4 D.P. Act, Police Station-Shamli District-Muzaffarnagar 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 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 COUNSEL. IN CASE OF HIS ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM UNDER SECTION 229-A IPC.
(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., 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, 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 HIM 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 bail so granted by this court.
Order Date :- 17.9.2018 AKK