Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28700 of 2018 Applicant :- Prem Chand Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Sevak Yadav 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.465 of 2017, under Section 498A, 326, 304B IPC and Section 3/4 of the Dowry Prohibition Act Police Station-Baksha, District-Jaunpur is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the FIR was lodged by the first informant against the applicant and four other family members. The allegation is that the deceased was subjected to cruelty and harassment by the members of her matrimonial house in connection with the demand of one Hero Honda motorcycle and a golden chain and due to non-fulfilment of the said demand, she was tortured till her death. Learned counsel next submitted that the applicant is another jeth (brother-in-law) of the deceased. General and omnibus role has been assigned to all the accused persons. Being a brother-in-law of the deceased, he cannot be said to be the beneficiary of the alleged demand of dowry. Learned counsel further submitted that co-accused Banarasi(brother-in-law) has been granted bail by co- ordinate Bench of this Court on 30.10.2017 in Criminal Misc. Bail Application No. 41237 of 2017, copy of which has been annexed as Annexure No. 3 to the bail application. The case of the applicant stands on similar footing, hence the applicant is also entitled to be enlarged on bail during the pendency of trial. The applicant is in jail since 02.06.2017, 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 nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant-Prem Chand, involved in case crime no.465 of 2017, under Section 498A, 326, 304B IPC and Section 3/4 of the Dowry Prohibition Act Police Station-Baksha, District-Jaunpur 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 :- 31.7.2018/Sumit S