Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25516 of 2021 Applicant :- Umesh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 665 of 2017 under Sections 498A, 304B IPC and sections 3/4, Police Station - Tirva, District - Kannauj with the prayer to enlarge the applicant on bail.
The report of this incident was lodged by the complainant about the death of his daughter Bhoori (deceased), who was married with the present accused Umesh Kumar and it was alleged in the FIR that the in-laws of the deceased were not happy with the dowry which was brought by the daughter of the complainant and they were demanding additional dowry from the daughter of the complainant and her parental family. It was also alleged in the report that on 30.8.2017 when the daughter of the complainant was sleeping, her in-laws including the present accused had thrown kerosene oil over her and lit the fire. Later on, the daughter of the complainant was hospitalized and she succumbed to the burn injuries on 4.9.2017 in Hallett Hospital, Kanpur.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted that there was no demand of dowry and the alleged dowry demand is of general nature. It is also argued that the alleged dying declaration of the deceased written by Tehsildar was written by the influence of the family members of the deceased and there is no statement of the doctor that the deceased was in a fit mental condition to give dying declaration. It is also submitted that the trial has yet not been completed and it would take time. It is also argued that the present accused has got the deceased admitted first to the District Hospital, Kanpur and later on, the deceased was got admitted by the present accused to the Hallett Hospital, Kanpur, which finds corroboration with the medical papers annexed at page No. 26 to this bail application. It is also submitted that the complainant has not supported the prosecution version in his statement recorded in the trial court. Lastly, it is argued that the applicant is in jail since 17.10.2017 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Umesh Kumar involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.7.2021 LBY