Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23568 of 2019 Applicant :- Neelam Opposite Party :- State Of U.P.
Counsel for Applicant :- Janardan Prasad Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed on behalf of the applicant in Court today is taken on record.
Heard Mr. Janardan Prasad Tripathi, learned counsel for the applicant and Mr. I.P. Srivastava, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Neelam with a prayer to enlarge him on bail in Case Crime No. 619 of 2018, under Section 306 I.P.C., Police Station-Gandhi Park, District-Aligarh, during the pendency of the trial.
Learned counsel for the applicant submits that earlier for an incident dated 12th December, 2018 at 11:30 p.m., a first information report has been lodged by the first informant, namely, Shani Kumar Baghel on 13th December, 2018 against his father, namely, late Babulal, which was registered as Case Crime No. 618 of 2018, under Sections 307 and 302 I.P.C, wherein it has been alleged that the financial condition of the family of the first informant was not good. The first informant and his father were labour. Some times ago, his mother Babita Devi had taken loan from a company through Neelam Devi (applicant herein) and Rajesh Devi without informing his father. When the company demanded to return the money by mobile phone, he came to know the same due to which on 12th December, 2018 at 11:30 p.m. (night), when the informant was not present, there was quarrel between his father and mother and during quarrel he came in the embrace and he had tried to strangulate his sister, namely, Shivani, due to which she became unconscious, thereafter thinking of her death, he murdered his mother, namely, Babita Devi, then he committed suicide by hanging himself. It has further been argued by the learned counsel for the applicant that subsequently the present first information report has been lodged by the first informant Shani Kumar Baghel on 13th December, 2018 against Neelam Devi (applicant herein) and Rajesh Devi under Section 306 I.P.C. alleging therein that both the accused persons were exerting pressure upon his mother to return the money, which was not being returned by his mother and they also threatened to kill all the family members due to which his father was under depression and ultimately he had taken the extreme step of committing the said offences. It has further been argued by the learned counsel for the applicant that the prosecution story, as unfolded in the first information report as well as in the statements of the first informant is highly improbable. The applicant has been named as an accused simply on the basis of suspicion. Further more the charge under Section 306 I.P.C. can be established only during the course of trial as it is only by means of trial evidence that the said charge can be established against a person. There is no evidence upto this stage on the basis of which it can be assumed that the applicant has aided, conspired or instigated in the commission of the alleged crime. The inquest of the deceased will also go to show that the suicide note of the father of the informant was found subsequent to lodging of the present first information report, which goes to show the same is a forged, fabricated and planted evidence. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 8th January, 2019.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall 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 Cr.P.C. 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 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.
(Manju Rani Chauhan, J.) Order Date :- 6.6.2019 Sushil/-