Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.350 of 2017, under Sections 498A, 304B I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station Isha Nagar, District Lakhimpur Kheri.
As per version of F.I.R. marriage of the deceased had taken place with the applicant about five months back. It is alleged that in-laws were not happy with the given dowry due to which she was tortured. On 10.09.2017 in the morning at 10.00 A.M. it was informed that deceased died due to hanging. Then this F.I.R. was lodged. It is stated by learned counsel for the applicant that there is no occasion for the applicant for demanding dowry because the marriage had taken place very recently. In the F.I.R. also there is no allegation of specific demand. It is further submitted that as per post mortem report, except ligature mark no other injury has been found on the body of the deceased. Ligature mark was also found interrupted which shows that it was a case of suicide.
While opposing the bail, learned A.G.A. has stated that inquest report shows that applicant was not present at the time of inquest and he had fled away from the scene of occurrence after the death of the deceased. It is submitted by learned counsel for the applicant that out of fear applicant had run away from his house and he has no criminal intent. Applicant is in jail since September, 2017.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Prem Kant) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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.
Order Date :- 31.7.2019 ML/-