Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
This is second application for bail filed by the applicant. The first bail application was rejected by observing that the burn injuries as evident from the medical report were fatal, therefore, case for grant of bail was not made out.
The applicant is involved in FIR No. 0335 of 2019, under Sections 323, 307, 498A IPC and 3/4 Dowry Prohibition Act, Police Station Alambagh, District Lucknow.
Learned counsel for the applicant has argued that the husband of the victim has already been enlarged on bail by the trial court and the mother in law has also been exonerated by expunging her name regarding the offences.
Learned counsel for the applicant has further drawn the attention of this Court to the medical report placed on record as Annexure-3 to this bail application.
A close scrutiny of the medical report may reveal that injuries no. 4, 5 and 11 were reported to be burn injuries but from the details mentioned in the same very report, it is gathered that injuries no. 4 and 5 are contusion measuring 2 cm x 2 cm whereas injury no. 6 is also doubtful to be a burn injury.
It is also submitted that the applicant has been roped in the garb of the FIR just to deprive him of his legitimate claim and peaceful possession over the ancestral house, of which he is the co-owner.
Learned AGA while opposing the bail application has pointed out that the recovery memo shows discovery of some corroborating material on the pointing out of the accused applicant. In reply to the submission put forth by learned AGA, it is argued that the recovery memo has been drawn in the absence of any independent witness, as such, the same is not free from doubt.
There is no past criminal history of the accused applicant. The accused applicant is in jail since 9.9.2019. Charge sheet has already been filed.
This Court by order dated 3.2.2021 had also called for a status report of the trial. The court concerned has informed that the trial has not progressed beyond the submission of charge sheet due to non production of the co-accused persons, possibly due to Pandemic Covid-19.
It is in these circumstances that the accused applicant has also pressed the bail application on the ground of delayed trial.
Having regard to the totality of the circumstances as well as the position put forth by learned counsel for the applicant, this Court is convinced that a case for grant of bail is made out.
Let the applicant Rizwan Ansari involved in the aforesaid case crime number be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned with the following conditions.
(i) The applicant shall file 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 shall remain present before the trial court on each date fixed, either personally or through 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 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.
(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 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 him in accordance with law.
Order Date :- 22.2.2021 Fahim/-