Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This is the second bail application. The first bail application of the applicant was rejected vide order dated 15.04.2019 passed in bail no. 6716 of 2017.
Learned counsel for the applicant submits that the first bail application of the applicant was rejected solely on the ground that incident has been seen by Chandrawati, the eye witness of the prosecution. It is further submitted that he has moved the second bail application on the ground that till date the prosecution has not produced Chandrawati before the Court for giving her statement rather after 4 years an application for discharge of Chandrawati has been filed by the prosecution before the learned trial court. The application is on record. Even in the site plan, the house of Chandrawati is not shown. It is submitted that the applicant had made call on 100 number by his mobile number and informed the police. Simply because the applicant is the husband of the deceased, he has been falsely implicated. The complainant in the cross-examination has also denied the fact that Chandrawati has seen the applicant causing injuries to the deceased. The applicant is languishing in jail since 07.12.2016 and till date the prosecution has been able to examine only two witnesses who have not seen the incident being caused by the applicant. The applicant has no criminal history.
It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the fact that the applicant is in jail since 07.12.2016, out of 28 prosecution witnesses only two could be examined in the four years and so also the fact that the applicant has not criminal history, the prosecution has moved the discharge application of Chandrawati who is the only eye witnesses of the incident, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant, Ravi Shankar, involved in Case Crime/F.I.R. No. 488/2016, under Sections 498A/304B, Police Station - Jagatpur, District - Raibareli, 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 with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The 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 or tamper with the evidence.
(iv) The applicant 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.
(v) 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.
(vi) 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.
Order Date :- 3.2.2021 R.C.