Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10315 of 2019 Applicant :- Ram Chandra Opposite Party :- State of U.P.
Counsel for Applicant :- Arun Kumar Shukla,Awadhesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Counter affidavit filed on behalf of State. The same is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.48 of 2018, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Sajeti, district Kanpur Nagar.
As per F.I.R. version daughter of the first informant namely Suman was married on 11.03.2011 with the applicant Ram Chander, on 30.10.2017 at about 9:00 a.m. by pouring kerosene oil, she was ablazed but on 03.01.2018 an application under Section 156 (3) Cr.P.C. was moved near about after two months, therefore, in compliance of the order of the court concerned F.I.R. was registered on 04.03.2018. He submits that at the time of cooking food she got burn injury, at that time brother-in-law of the deceased Manish and mother-in-law Jaishree were present, while saving the deceased Manish also got burn injuries, in order to save her life he took her to C.H.C. hospital and thereafter applicant got her admitted in G.S.V.M. Medical College, Kanpur.
Learned counsel for the applicant submits that the applicant is husband of the deceased. There is no dying declaration of the deceased. Maternal uncle of the deceased was informed about the alleged incident and as per inquest memo Ved Prakash nephew of the first informant and Vinod Kumar brother-in-law (Sadhu) of the informant and first informant Raghuraj were present at the time of inquest. The statements of first informant Raghuraj and Ram Janki (sister of the deceased) were recorded and they were declared hostile. At the time of the incident applicant was in a factory where he does job. The applicant has not committed the alleged offence. He has been falsely implicated in the present case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no previous criminal history of the applicant and is languishing in jail since 17.05.2018.
Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant and submitted that the applicant is husband of the deceased and deceased died an unnatural death under inordinate circumstances within a period of seven years of her marriage, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Ram Chander involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
Order Date :- 27.11.2019 Jitendra