Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12534 of 2018 Applicant :- Udai Bhan Karwariya Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Chandra Dwivedi Counsel for Opposite Party :- G.A.,Swati Agrawal Hon'ble Ramesh Sinha,J.
Heard Sri S.C. Dwivedi, learned counsel for the applicant, Ms. Swati Agrawal, learned counsel for the victim, Sri Ashish Pandey, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that present fourth bail application be confined only to the extent that the applicant may be released on short term bail/parole for the treatment of his wife, namely, Smt. Neelam Karwariya, who is sitting M.L.A., suffering from chronic liver parenchymal disease with splenomegaly, which is evident from the report of Department of Radiology, Medanta Hospital, Gurgaon (Haryana) dated 7th February, 2018, copy whereof has been annexed at Annexure-8 to the affidavit accompanying the fourth bail application (page-57). He next submits that earlier also this Court has granted short term bail to the applicant from 5.2.2018 to 9.2.2018 vide its order dated 31.1.2018 with a direction that the applicant shall surrender before the court concerned after expiry of the said period and he has surrendered within time and has not misused the liberty granted to him. The trial is in progress and the defence witnesses are being examined. The Apex Court vide its order dated 26.3.2018 has also extended the time for conclusion of the trial till August, 2018, copy whereof has been annexed as Annexure-1 to the Supplementary affidavit. The applicant is in jail since 1.1.2014 and is co-operating with trial of the case and further undertakes to co- operate with the trial. All the witnesses of fact have been examined, hence there is no chance of tempering of evidence. He further argued that there is no male member in the family of the applicant except his minor son who may take his wife for higher medical centre for her check- up and treatment, hence he may be released on short term bail/parole in police custody on humanitarian ground. The applicant is ready to bear the expenses incurred towards it.
Learned counsel for the victim opposed the prayer for release of the applicant on short term bail/parole and submitted that the son of the applicant who is stated to be minor, is not correct, whereas the correct fact is that the age of the applicant's son is about seventeen years. She further submits that so far as the argument of learned counsel for the applicant that there is no male member in the family of the applicant for taking his wife to higher medical centre for treatment is concerned, he is having many close relatives for the same and even the deponent of the present case is also cousin brother of the applicant. Moreover, the wife of the applicant is also a sitting M.L.A. of a constituency of district Allahabad of ruling party of the State, hence the short term bail/parole should not be granted to the applicant.
Sri Ashish Pandey, learned A.G.A. for the State submits that he has received instructions regarding the ailment of the wife of the applicant and states that she is suffering from liver ailment.
Considering the facts and circumstances of the case and in view of the statement of the learned counsel for the applicant, I do not find good ground to release the applicant on bail.
Accordingly, the prayer made in the present fourth bail application of the applicant Udai Bhan Karwariya involved in S.T. No.799 of 2014 relating to Case Crime No.515 of 1996, under Sections 147, 148, 149, 307 302/34 I.P.C. and 7 C.L.A. Act, police station Civil Lines, District Allahabad is hereby refused.
However, taking into account the fact that the wife of the applicant is suffering from chronic liver ailment stated above, let the applicant- Udai Bhan Karwariya involved in S.T. No.799 of 2014 relating to Case Crime No.515 of 1996, under Sections 147, 148, 149, 307 302/34 I.P.C. and 7 C.L.A. Act, police station Civil Lines, District Allahabad be released on short term bail/parole for a period of ten days from the date of release in police custody headed by an Officer not below the rank of Deputy Superintendent of Police by trial court concerned on his furnishing a personal bond of Rs. ten lacs and two sureties (one should be of his family member) each in the like amount to the satisfaction of trial court concerned on the condition that he shall be produced before the trial court immediately after the expiry of ten days from the date of release during court hours by the police and if it is not possible, the he may be sent back to jail without producing him before the court by the police.
The applicant is directed to deposit the expenses incurred for the said purpose before the court concerned or the appropriate authority, as the case may be and the trial Court concerned shall also ensure that the said expenses are deposited by the applicant before he is allowed to go in police custody for the said purpose.
It is also directed that if the applicant is having a passport, then he shall surrender the same before the trial court concerned before his release on short term bail/parole.
It is made clear that during the period of short term bail/parole, till he return back to jail, the applicant shall not use any personal or private vehicle (except Delhi or Gurgaon), mobile phone etc. and not indulge in any ante social activities. He shall be taken to Delhi or Gurgaon only for the treatment of his wife.
The Additional Director General of Police, Allahabad Zone is directed to provide adequate security to the applicant by deputing a police team headed by an Officer not below the rank of Deputy Superintendent of Police for the said purpose and further to strictly monitor the activities of the applicant during the aforesaid period, failing which action shall be taken against the erring officials.
If the applicant breaches any of the conditions as directed above, the Additional Director General of Police, Allahabad Zone shall report the same to the trial Court concerned immediately, which shall at once send back the applicant to jail without waiting any order from this Court.
The District and Sessions Judge, Allahabad shall send a compliance report regarding the fact that the applicant has been sent back to jail after expiry of ten days by the police and has been sent to judicial custody, to the Registrar General of this Court forthwith to be kept on record.
With the aforesaid observations, the present application stands disposed of.
Let a certified copy of this order be issued to learned counsel for the applicant within 48 hours on payment of usual charges.
Office is directed to issue a certified copy of this order to the learned A.G.A. free of cost for necessary information and its compliance by the Additional Director General of Police, Allahabad Zone.
It is made clear that further no such application for release on short term bail/parole would be entertained on behalf of the applicant till the disposal of the trial.
Order Date :- 27.4.2018 Faridul