Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52208 of 2019 Applicant :- Ram Janak Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicant, Ram Janak, who is involved in Sessions Trial No. 226 of 2017 arising out of Case Crime No. 473 of 2017, under Sections 498-A, 304B I.P.C. and 3/4 D. P. Act, P.S. Sonha, District Basti.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent, he has not committed any offence as alleged in the F.I.R. and he has been falsely implicated in the present case. It is further submitted that after completion of investigation investigating agency has filed charge sheet in the present case on 27.08.2017. It is further submitted that as per the statement of the mother of the deceased recorded under Section 161 Cr.P.C., the marriage of the deceased was solemnized with the applicant on 15.05.2014. It is further submitted that informant PW1 Prahlad was examined before the trial Court and had supported the prosecution case. It is further submitted that PW2 Nirmla (mother of deceased), PW3 Sunil Kumar (brother of deceased) and PW4 Vineeta (Bhabhi of deceased) have also been examined before the trial court. It is further submitted that facts witnesses have already been examined by the trial court out of which PW3 and PW4 have not supported the prosecution case. It is further submitted that as per post-mortem report the deceased died due to asphyxia, anti-mortem hanging, no other injury was found on the body of the deceased. It is further submitted that as per F.I.R., there is no specific allegation of demand of dowry against the applicant. The applicant has no previous criminal history which has been explained in para-19 of the bail application, he is not likely to abscond or flout the condition of bail order. The applicant is in jail since 13.07.2017.
Per contra, learned Additional Government Advocate appearing on behalf of State-respondent vehemently opposed the bail application but not contradicted the aforesaid submissions made by learned counsel for the applicant.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the F.I.R, statements of PW1 to PW4 and other material available on record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant, Ram Janak, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of 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, if 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 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 27.11.2019/AKT