Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18559 of 2019 Applicant :- Satyendra Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant; the learned AGA for the State and perused the record.
The present bail application has been filed by the applicant in case crime No.725 of 2018, under Sections 306 and 506 I.P.C., police station Bidhuna, District- Kanpur Nagar with the prayer to enlarge him on bail.
The contention of learned counsel for the applicant is that, according to the prosecution case, taken in the first information report, the deceased was murdered. But, later, it was developed into case of abetment of suicide by claiming that the deceased committed suicide on account of her continuous harassment by the applicant. It has been submitted that the allegation in the first information report that a complaint was earlier made at the Chauki concerned in respect of harassment meted out to the deceased by the applicant is absolutely incorrect and false and that no such complaint was ever made. It has been submitted that from the statement of mother of the deceased, recorded under Section 161 CrPC, which is at page 41 of the paper book, it would appear that on the date of the incident, the applicant was seen at the house of the deceased. It has been submitted that the deceased as well as the applicant were neighbours and it appears that their relationship was not acceptable to the family members and therefore it is quite possible that the deceased may have committed suicide out of frustration. It has been submitted that the post mortem report of the deceased reveals no ante mortem injury except ligature mark around the neck and the cause of death has been found to be asphyxia as a result of ante mortem hanging. It has been submitted that the applicant is innocent with no previous criminal history and is in jail since 19th December, 2018 and in case of being enlarged on bail, he would not misuse the liberty of bail.
Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions noticed above, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Satyendra Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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 :- 21.8.2019. Rks.