Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22037 of 2021 Applicant :- Ramveer Singh @ Bhure Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag Shukla,Prabha Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Anil Srivastava, learned Senior Counsel assisted by Sri R. B. Kushwaha, Advocate for the applicant and the learned AGA appearing on behalf of the State.
The applicant is facing incarceration in connection with Case Crime No. 29 of 2021 under Section 306 IPC, P.S. Bewar District Mainpuri and is in jail since 14.02.2021.
The contention raised by the learned counsel for the applicant is that the FIR has been registered by the wife of the deceased against Mohit Kumar @ Rinku, Ramveer Singh @ Bhure and one unknown person with the allegation that the deceased was the mediator in the marriage of Mohit Kumar @ Rinku. On the eve of departure of barat, Ramveer Singh @ Bhure, the applicant and Mohit Kumar have asked the deceased to arrange Rs. five lac more as an additional dowry. Thereafter, the deceased got depressed and his dead body was found hanging under a tree. Contention raised by the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present crime. It is also submitted that there is no motive or mens rea in the commission of the offence, except an extra judicial confession of Arvind Kumar, that too made after more than a month. It is also argued that the applicant has no criminal antecedent.
Learned A.G.A has opposed the prayer for bail but does not dispute the aforesaid facts.
I have perused the record. It shows that there is no direct evidence appearing against the applicant to implicate the applicant in the present crime and nothing incriminating has been recovered from/or at the pointing out of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant, Ramveer Singh @ Bhure, who is involved in Case Crime No.29 of 2021 under Section 306 IPC, P.S.
Bewar District Mainpuri be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT 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 HER COUNSEL. IN CASE OF HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE 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 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 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:
1. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
2. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
3. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
4. 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 :- 27.10.2021 Deepak Digitally signed by RAHUL CHATURVEDI Date: 2021.10.29 10:25:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad