Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30605 of 2021 Applicant :- Rajendra Agnihotri Opposite Party :- State of U.P.
Counsel for Applicant :- Shashank Dwivedi,Nirendra Mohan Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Shashank Dwivedi, learned counsel for the applicant, Sri Ankit Srivastava, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure which has been filed by the applicant Rajendra Agnihotri, seeking enlargement on bail during trial in connection with Case Crime No. 46 of 2021, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act registered at Police Station Fazalganj, District Kanpur Nagar.
Learned counsel for the applicant argued that although the applicant is named in the First Information Report but the allegations therein are false and incorrect. It is argued that the deceased died a natural death but even then the First Information Report has been registered with a concocted story against the applicant and the mother-in-law of the deceased. It is argued that as per the postmortem report, the cause of death of the deceased due to bilateral chronic lungs disease and the doctor conducting the postmortem examination specifically made a note therein that there are no antimortem injuries found on the body of the deceased. Further, he found both the lungs to be pale and multiples pus pockets were present therein. It is argued that as such the allegation in the First Information Report has no legs to stand and further it goes to show beyond doubt that the deceased died a natural death. It is further argued that although the applicant and Smt. Krishna Agnihotri mother of the applicant were named as accused but during investigation she has been exonerated by the police. He further argued that the applicant has no criminal history as stated in para 18 of the affidavit and is in jail since 09.04.2021.
Per contra, learned counsel for the State opposed the prayer for bail but could not dispute the findings of the doctor as per the postmortem examination and further the fact that the mother-in- law of the deceased has been exonerated during investigation.
After having heard learned counsels for the parties and perusing the records, it is evident that the deceased died due to lung infection. The death is natural and there is no other bodily injury found on her body.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant Rajendra Agnihotri, be released on bail in the aforesaid case crime number 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 may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
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.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 16.8.2021 M. ARIF (Samit Gopal, J.)