Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18976 of 2018 Applicant :- Rakesh Rajpoot Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravikant Shukla Counsel for Opposite Party :- G.A.,Ramesh Chandra Agrahari
Hon'ble Rahul Chaturvedi,J.
Supplementary affidavit filed today by Shri Ravikant Shukla, learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant, who is involved in Case Crime No. 425 of 2017, under sections 498-A, 323, 504, 306 IPC, Police Station Kakadeo, District Kanpur Nagar, is seeking enlargement on bail during the trial.
It has been submitted by the learned counsel for the applicant that the applicant is husband of the deceased. Though, the first information report was lodged way back on 06.10.2017 by the father of the deceased against four named accused persons including the applicant with the allegation that his daughter Anshu Rajpoot was harassed on account of "unspecified amount of additional dowry". It is not clear that what amount was ever sought. It has further been contended by the learned counsel for the applicant that marriage was solemnized in the year 2007. It appears from the material collected by the police that the relationship between the husband and wife was quite sour and stressful, which has resulted in often quarrel between them. On the fateful day, out of sheer frustration and in the heat of anger, she poured kerosene and set herself ablazed and immolated. As per medical report, she has sustained 50% burn injuries and according to the doctor, she died due to antemortem thermal burn injuries. There is no evidence of any abetment or instigation on the part of the applicant to prompt her to commit this offence.
Learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail.
Let the applicant, Rakesh Rajpoot, 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 SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE 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/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER 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/HER, 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 THE HIM/HER 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/her bail so granted by this Court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 27.7.2018 Sazia