Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45831 of 2018 Applicant :- Raghuvir Puri Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Sri Arvind Kumar Mishra, learned counsel for the applicant and learned A.G.A. appearing for the State.
This application for bail has been filed by the applicant - Raghuvir Puri seeking his enlargement on bail in Case Crime No. 0984 of 2015, under Section 306 I.P.C., P.S.- Ujhani, District-Budaun, during the pendency of the trial.
From perusal of the first information report dated 27.9.2015, it appears that one Laxmi Devi, who is Bhabhi of the applicant, committed suicide on 27.9.2015. The place of occurrence is a room which was locked from inside and the body of the deceased was recovered after breaking the door, which fact is established from the inquest report. The F.I.R. in respect of the aforesaid incident was lodged on 27.9.2015 by the applicant himself. In the aforesaid F.I.R., two persons namely, Shailendra Giri and Savitri Giri were nominated as named accused. However, the Police upon completion of the statutory investigation of the aforesaid case crime number has submitted a charge sheet dated 18.2.2016 against the present applicant, under Section 306 IPC. Upon submission of the aforesaid charge sheet, cognizance has been taken by the Court concerned upon the same vide cognizance taking order dated 15.3.2016 and the case was committed, thereafter, to the Court of Sessions. However, no prosecution witness of fact has been examined till date as is evident from the order-sheet of the Sessions Trial which has been brought on record by means of a supplementary affidavit filed today in Court.
Learned counsel for the applicant submits that initially the F.I.R. was registered under Section 302 I.P.C. but the charge sheet has been submitted under Section 306 I.P.C. He further submitted that the proof of charge under Section 306 I.P.C. is subject to trial evidence. Upto this stage, there is no such evidence on record to show that the applicant has aided, conspired or instigated in the commission of alleged offence. In short, the submission is that there is no abatement on the part of the present applicant in the commission of the alleged crime. He next submitted that the present applicant is the Dewar of the deceased and aged about 65 years. The applicant has no criminal antecedents to his credit except the present one. As such the applicant is liable to be enlarged on bail.
Learned A.G.A. opposed the prayer for bail. However, he could not dispute the factual and legal submissions raised by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Raghuvir Puri, involved in Case Crime No. 0984 of 2015, under Section 306 I.P.C., P.S.- Ujhani, District- Budaun be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with 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 his 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 :- 19.12.2018 Manoj