Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53551 of 2019 Applicant :- Rajesh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhir Dixit,Anil Srivastava ,Senior Adv.,Anupam Shyam Dwivedi,Ram Bahadur,Utkarsh Dixit Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Shri Anil Srivastava, learned Senior Advocate assisted by Shri P.N. Singh, learned counsel for the applicant and learned AGA for the State.
2. This is the second bail application. The first bail application was rejected by the co-ordinate Bench vide order dated 05.04.2019 after considering the rival submissions.
3. Learned Senior Advocate submitted that the applicant is the father-in-law of the deceased and has no active participation in the alleged offence. He fairly submitted that according to the post-mortem report there are as many as eight injuries on person of deceased and the cause of death was throttling. Lastly, it is submitted that applicant has no criminal history and he is languishing in jail since 22.12.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
4. Learned A.G.A. appearing for State has not disputed the submission of the learned Senior Advocate in regard to the status of the trial.
5. Considering the applicant is aged about 62 years, till date even charges are not framed; and that applicant has no criminal history and is languishing in jail since 22.12.2018 i.e. for about 2 years and 7 months, this Court is of the view that a case of grant of bail is made out.
6. Let the applicant- Rajesh Kumar be released on bail in case crime number 373 of 2018, under Sections 498-A, 304-B, 506 IPC and Section 3/4 of Dowry Prohibition Act, P.S. Rajpura, district Sambhal 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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 I.P.C.
(v) 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 and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court is directed to expedite the trial and take all possible endeavour to conclude the trial within a period of 18 months from today.
8. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
9. The bail application is allowed.
10. Observations made above are only for the purpose of adjudicating the present bail application.
11. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
12. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
13. 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.
Order Date :- 29.7.2021/pks