Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52866 of 2019 Applicant :- Shahjad And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Avnish Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants; Sri D.D. Chauhan learned AGA for the State and perused the record.
The present bail application has been filed by the applicants in case crime No. 1174 of 2018, under Sections 498A, 304B, 302, 149, 306 I.P.C. and Section 3/4 Dowry Prohibition Act, police station Kankarkhera, District- Meerut with the prayer to enlarge them on bail.
For the purposes of evaluating the prayer for grant of bail, the Court takes into consideration the assertion that the applicants who are brothers-in-law of the deceased were living separately in different villages and were not present at the spot at the time of the alleged occurrence. Additionally the attention of the Court has been drawn to the order passed in Criminal Misc. Bail Application No. 13235 of 2019 in terms of which the mother-in-law of the deceased has already been enlarged on bail. The Court is apprised that investigation has been concluded and a charge sheet submitted.
It has next been submitted that the applicants who have no previous criminal history and are in jail since 27 January 2019 are entitled to be released on bail. It has next been submitted that in case the applicants are enlarged on bail, they will not misuse the liberty of bail.
Learned AGA has opposed the prayer for grant of bail to the applicants 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 applicants are entitled to be released on bail.
Let the applicants Shahjad and Salman be released on bail in the aforesaid case crime number on their 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 applicants shall not tamper with the evidence or threaten the witnesses.
(ii) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of their absence, without sufficient cause, the Trial Court may proceed against them under Section 229-A of the Indian Penal Code.
(iv) In case, the applicants misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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 applicants 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 applicants 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 them in accordance with law.
Order Date :- 29.11.2019 faraz