Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32728 of 2018 Applicant :- Vishram Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Contention raised at the Bar is that the applicant has been falsely implicated in the present case. It has been further submitted that on the earlier occasion i.e., on 07.10.2017, the victim hereself lodged the NCR against accused persons namely, Ravi Kumar (husband), Smt. Roop Rani (mother-in- law) and Chandan (brother-in-law; Devar) for allegedly assaulting her brutally by Lathi and Danda. Subsequently, on a telephonic call her father arrived at her husband's her for rescuing her. The aforesaid accused also assaulted her father. Thereafter, the victim went to the concerned police station and lodged the aforesaid NCR. In the statement of father of the victim, it has been unveiled that he was accompanying his daughter (now deceased) at the time of lodging the aforesaid NCR. Thereafter, before taking her to his residence, he got the victim medically examined. He further stated therein that on 08.10.2017, the health of his daughter suddenly deteriorated, upon which she was got admitted in Hewlett Hospital where she expired on 12.10.2017. Lastly, in the aforesaid statement, it has been alleged that his daughter expired due to the brutally assault by the aforesaid named persons for fulfillment of demand of dowry.
The post mortem examination report of the deceased reveals that the victim suffered as many as six ante mortem injuries.
It has been submitted that the applicant is named nowhere in the NCR for causing any assault upon the deceased and he is in jail since 29.05.2018, having no criminal antecedents to his credit. The case of the applicant is quite distinguishable from the case of the accused referred herein above, therefore, he is liable to be enlarged on bail.
Learned AGA 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 nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail.
Let the applicant Vishram Singh, involved in Case Crime No. 0195 of 2018, under sections 498-A, 304-B IPC and 3/4 of the Dowry Prohibition Act, P.S. Kalyanpur, District Kanpur Nagar 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 bail so granted by this court.
Order Date :- 28.8.2018 shailesh