Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15019 of 2021 Applicant :- Ramautar Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Kamal Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in S.T. No. 86 of 2017, Case Crime No. 647 of 2016, under section 302 IPC, Police Station - Khoda, District - Ghaziabad with the prayer to enlarge the applicant on bail.
The FIR was lodged by the complainant against his own father and the allegation in the FIR is that his father (the accused - applicant) was not supporting the family with money etc. and there was dispute going on between the complainant's mother (deceased) and his father - Ram amautar (the present applicant). In the night of 17.11.2016 at about 1:00 A.M. the present accused had beaten the complainant's mother with iron patta and due to that the mother of the complainant sustained fatal injuries and in morning the complainant saw that his mother was unable to speak and had died.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and the incident has taken place at the spur of moment; the present applicant was not having intention to kill his wife. It is further submitted that the accused has not taken any undue advantage of the said incident. It is further argued that the accused has inflicted only one fatal injury on the head of his wife and has not repeated the second blow on her head and the incident was not pre-planned, it happened at the spur of moment. The learned counsel for the applicant also submits that the applicant is in jail for more than five years since 18.11.2016. He is having three minor children to look after. Lastly, it is argued that in case the applicant is enlarged on bail, she will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. It is argued by him that the applicant has committed murder of his own wife in a gruesome manner by beating and injuring her with iron patta. The deceased sustained lacerated wounds and fatal injury on the head.
Keeping in view the submission of learned counsel for the parties, considering the period of detention of the applicant, considering that the incident took place at the spur of moment, considering that only one fatal blow was made on the deceased who was the wife of the applicant, considering that there are three minor children in his family to look after and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Ramautar Yadav involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 17.12.2021 LBY