Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29723 of 2018 Applicant :- Ram Autar Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Amit Kumar Srivastava, learned counsel for the applicant, Sri J.P. Tripathi, learned A.G.A. for the State and perused the record.
Supplementary affidavit filed by the applicant is taken on record.
The first bail application of the applicant was rejected for want of prosecution by this Court on 27.04.2018. This is the second bail application on behalf of the applicant.
It has been argued by learned counsel for the applicant is that the applicant is the husband of the deceased and it is stated that the marriage of the deceased with the applicant was second marriage. He submitted that the deceased had committed suicide and the cause of death of the deceased was asphyxia due to ante-mortem hanging which is also apparent from the postmortem report as well as from the statement of the doctor recorded before the Trial Court on 13.07.2016 under Section 161 Cr.P.C. The I.O. in his case diary has also stated to have copied the cause of death from the postmortem report in which it was stated that the cause of the death of the deceased was asphyxia due to ante-mortem hanging. Learned counsel for the applicant further stated that out of 26 witnesses, 7 witnesses of fact have been examined by the trial court which was in-laws of the applicant and family members of the deceased. The trial has not yet been concluded. The applicant is in jail since 18.07.2016.
Learned AGA opposed the prayer for bail.
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 tempering 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 Ram Autar involved in Case Crime No. 409 of 2016 under Section 306 I.P.C., Police Station Shahbad, District Rampur 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 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a further period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 26.4.2019 Nirmal