Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54369 of 2019 Applicant :- Pappu @ Pappe Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 334 of 2017, under Sections 498 A , 304 B, 302 of IPC, Police Station - Baldev, District Mathura with the prayer to enlarge the applicant on bail.
The report of this incident was got lodged by the mother of the deceased on 05.09.2017 on the allegation that after marriage of her daughter with Jeetu son of Sukha resident of Avairani, P.S. Baldev, District Mathura, her in-laws were demanding additional dowry of Rs. 2 Lakhs and a buffalo, and started harassing her and mar-pit was being committed with her in spite of objection raised by her husband. On 15.08.2017 at about 8:00 P.M. all the accused persons named in the FIR i.e. Sukha, Pappu, Praveena Begum Leele Begum, Raju Kabariya, and Guddi Devi @ Gudiya with a common intention to kill her set her on fire by pouring kerosene oil. The matter was investigated and accused were sent to jail.
The learned counsel for applicant submits that the present accused applicant is Jeth of the deceased and has been falsely implicated in this case. He submits that general role was assigned to the present accused and all other accused. The role assigned to the present accused is of instigation and no overt act except instigation has been assigned to the present accused. It is also argued that the applicant is in jail since 29.06.2018 and trial has yet not been reached at the threshold of conclusion and there is no likelihood that trial will be concluded in near future. It is also submitted that co-accused, the father-in-law of the deceased who was assigned the role of setting the deceased on fire has already been released on bail by another bench of this Court on 12.09.2019 in Criminal Misc. Bail Application No. 24356 of 2018 annexed at page No. 67 of the paper book. The applicant is in jail since 29.06.2018 and there is no likelihood of the trial of the case to see the threshold of conclusion. Lastly, it is submitted that if applicant released, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Pappu @ Pappe involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 18.12.2019 LBY