Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34241 of 2018 Applicant :- Shivam @ Shubham Opposite Party :- State Of U.P.
Counsel for Applicant :- Girish Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 395 of 2018, under Section 306 IPC, P.S. Kotwali, District Bareilly is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is brother in law (sala) of the deceased (husband), there is quarrel between husband and wife with regard to taking the wife from her natal house and the things has gone to bad to worst when the wife has refused to accompany her husband (the deceased) and frustrated by this, the husband has consumed poison and committed suicide. It has been submitted in the FIR that there was constant quarrel between husband and wife and she has refused to accompany her husband. There is no direct allegation of abetment on the part of the applicant. He has not concern with the internal matter of the husband and wife and the FIR has been lodged on the basis of some unfounded suspicion. The viscera report is preserved and its report is yet awaited. The only incriminating circumstances is that on his pointing out the empty pouch of poison was recovered. Except this there is no incriminating circumstance against the applicant. He lastly submitted that the applicant is in jail since 28.05.2018 is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail but could not dispute the aforementioned facts.
Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, keeping in view the totality of the circumstances, I find it to be a fit case for bail.
In view of the above, let the applicant- Shivam @ Shubham be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 395 of 2018, under Section 306 IPC, P.S. Kotwali, District Bareilly with the following conditions:-
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE 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/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER 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/HER, 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 THE HIM/HER 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 :- 17.9.2018 Abhishek Sri.