Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35748 of 2018 Applicant :- Shahid Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Yaseen,Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in case crime no.138 of 2018, under Sections 498A, 323, 306, 504, 506 IPC and Section 3/4 D.P. Act, Police Station-Jahanabad, District-Fatehpur is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that there is general allegation of abetment against all the family members of the husband, Rais. It is further submitted that on account of additional dowry, she was subjected to cruelty and harassment for which she committed suicide by hanging herself. It is further submitted that marriage was solemnized way back on 22.2.2011 and there was a constant feature that she was subjected to harassment but in the entire FIR there is nothing that what particular item or amount was ever demanded. It is also submitted that for the mysterious reasons, she has committed suicide. It is next submitted that the applicant is Dewar there is no evidence of abetment on the part of the applicant. The applicant is in jail since 14.8.2018, having no criminal antecedents to his credit.
Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Keeping in view the circumstances, nature of the offence, evidence, complicity of the accused, on the statement of father, Badlooram and submissions of the learned counsel for the parties, prima facie, it appears that on account of her temperamental behaviour she has committed suicide, therefore, the applicant has made out a case for bail.
Let the applicant-Shahid, involved in case crime no.138 of 2018, under Sections 498A, 323, 306, 504, 506 IPC and Section 3/4 D.P. Act, Police Station-Jahanabad, District-Fatehpur be released on bail on 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 SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE 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 HIS COUNSEL. IN CASE OF HIS ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM UNDER SECTION 229-A IPC.
(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., 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 HIM, 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 HIM 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.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 25.9.2018 AKK