1. Supplementary affidavit and counter affidavit filed today. Taken on record.
2. Heard Sri Nanhe Lal Tripathi, learned counsel for the applicant and Sri Ankit Srivastava, learned AGA for the State.
3. This is the second bail application filed on behalf of the applicant - Pankaj Barar, with a prayer to release him on bail in Case Crime No. - 1040 of 2017, under Sections - 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station - Baar, District - Lalitpur, during pendency of trial.
4. The first bail application had been rejected by this Court, vide order dated 28.11.2019. At that stage, the statement of the first informant who is the father of the deceased had been recorded and it was seen that he turned hostile. However, at that stage, the first bail application was rejected.
5. Alongwith supplementary affidavit filed today, the statement of the mother of the victim is also appended. Though, she appears to have supported the prosecution story, yet, she has admittedly stated that she had not been residing with her husband for the last 25 years. Then, another independent witness Rammu Lal has also not supported the prosecution story and has further added that the mother of the deceased had made false accusation only on account of certain other disputes and intentions.
6. At present, it appears, the depositions of the relevant witness of fact have already been recorded while the applicant has remained confined since 29.11.2017 i.e. more than 3 years.
7. In view of the above, without expressing any opinion on the final merits of the case, let the applicant - Pankaj Barar involved in the aforesaid case crime 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 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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) 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.
8. In view of the extraordinary situation prevailing in the State due to Covid-19, the directions of this Court dated 06.04.2020 passed in Public Interest Litigation No. 564 of 2020 (In re vs. State of U.P.) shall also be complied. The order reads thus:
"Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused-applicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release."
Order Date :- 4.2.2021 Abhilash