1. By means of this application under Section 438 CrPC, the accused-applicant seeks anticipatory bail, apprehending his arrest in FIR No.0401 of 2020, under Section 306 IPC lodged at Police Station Chowk, District Lucknow.
2. On 29.01.2021, the following order was passed by this Court.
"1. Heard Sri Ajay Madhavan, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and Sri Uma Kant Gupta, learned counsel appearing on behalf of complainant.
2. Counter affidavit has been filed by learned counsel for the complainant as well as by the State, same are taken on record.
3. Present application has been filed with prayer to grant interim bail to the applicant who is accused in Case Crime No. 0401 of 2020, under Section 306 I.P.C., at Police Station - Chowk, District - Lucknow.
4. It has been submitted by learned counsel for the applicant that he is named in the first information report registered as Case Crime No. 0401 of 2020, under Section 306 I.P.C., at Police Station - Chowk, District - Lucknow. He further submits that according to first information report Shivali Srivastava (deceased), who was student of B.Sc. Nursing Final Year from King George Medical University, Lucknow, has committed suicide on 05.06.2020 at around 12.00PM and her body was recovered from river Gomti. He further submits that the applicant was friend of deceased and they also shared common "whatsapp" group.
5. In the first information report also certain acts have been attributed to the applicant, from which also it has not been suggested that the applicant is responsible for suicide of the deceased.
6. In the counter affidavit which has been filed by the State it has been stated that investigation in the matter is still under way. It has also been stated that the applicant and the deceased were studying in the same course in the same College and were near to each other.
7. Even in the counter affidavit that is no averment stating that the applicant is responsible for the suicide committed by the deceased.
8. Counter affidavit has also been filed by the complainant and it has been vehemently submitted that the medical report of the deceased has not been made available and learned counsel for opposite party no. 2 has sought time from this Court to file the same.
9. It has been submitted by learned counsel for the complainant that only because the applicant was aware of the pass word of the mobile of the deceased, he contended that in all likelihood applicant would be the person responsible for the suicide of the deceased.
10. Learned Additional Government Advocate has also opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
11. Considering the above aspects of the matter as well as from the perusal of the first information report as well as the material available on record and the counter affidavits filed by the Additional Government Advocate and the complainant, there is no averment or any act linking the applicant with the suicide of the deceased. This Court has also taken into consideration the fact that investigation is underway and some further material may be made available during investigation, without entering into the merits of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C., till the next date of listing.
12. Learned Additional Government Advocate as well as learned counsel for the complainant pray for and are granted two week's time to file supplementary counter affidavit.
13. List this case on 23.02.2021.
14. Till the next date of listing, accused-applicant namely Raunak Varma, involved in Case Crime No. 0401 of 2020, under Section 306 I.P.C., at Police Station - Chowk, District - Lucknow, in the event of his arrest in connection with the aforesaid case crime, shall forthwith be released forthwith on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Arresting officer/Investigating Officer/ S.H.O. concerned on the following conditions:-
(i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation;
(ii). That the accused-applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; and
(iii). That the accused-applicant shall not leave India without the previous permission of the Court.
15. The papers regarding bail submitted to the police officer on behalf of the accused/applicant shall form part of the case diary and would be submitted to the court concerned along with same at the time of submission of report under Section 173(2) Cr.P.C.
16. In case there is breach of any of the above conditions or in case it is otherwise found for any other reason the bail is required to be cancelled, it shall be open for the State or the appropriate authority to move application for cancellation of bail in accordance with law.
17. Under Part-III, Chapter - XVIII, Rule - 18[3(a)] of the Allahabad High Court Rules, 1952 (amended), a copy of the bail application alongwith its enclosures be provided to the learned Additional Government Advocate by learned counsel for the applicant, within a week, without fail.
18. It is needless to say that the applicant undertakes to participate and cooperate in the investigation and shall appear before the Investigating Officer whenever required."
3. After hearing the learned counsel for the accused-applicant and, going through the entire record, I find substance in the argument advanced on behalf of the accused-applicant.
4. Thus, the interim order dated 29.01.2021 is hereby confirmed. However, the accused-applicant shall surrender before the trial Court, if charge-sheet is filed and, he is summoned to face trial in offence in question. The accused-applicant shall be released on bail by the trial Court, if he surrenders on issuing summons, on furnishing a personal bond and, two sureties each in the like amount to the satisfaction of the trial Court concerned with the following conditions:-
(i) the applicant(s) 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(s) 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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and
(iv) the applicant(s) 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.
4. This application, thus, stands disposed of.
[D.K. Singh, J.] Order Date :- 23.2.2021 MVS/-