In a criminal bail application, the High Court granted bail to the applicant under Sections 498A, 302, 304B IPC and 3/4 DV Act upon furnishing a personal bond and sureties, subject to specific conditions regarding presence in court and conduct.
Bail granted on furnishing personal bond and two local sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46690 of 2018
Applicant :- Satendra Opposite Party :- State Of U.P. Counsel for Applicant :- Nazrul Islam Jafri,Gufran Ahmad Khan
Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
It is contended by the learned counsel for the applicant that the applicant is wholly innocent and he has been falsely implicated in the present. It is next contended that in the FIR, date of marriage is mentioned as 5.5.2011 whereas marriage has been performed on 5.5.2009 and out of their wedlock, three children were born and the eldest one, namely, Vivek was born on 1.6.2011. It is next contended that the deceased was suffering from cancer and due to which, deceased committed suicide. In support thereof, photocopy of medical document of the deceased has been annexed as Annexure-4 to the affidavit. It is contended that co-accused, namely, Buddhpal and Satyavati having an identical role, have already been granted bail by this Court vide orders dated 27.9.2018 and 10.10.2018 in Criminal Misc. Bail Application Nos. 36404 of 2018 and 37638 of 2018. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail 31.7.2018 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Satendra involved in case crime No. 334 of 2018, under Sections 498A, 302, 304B IPC and 3/4 D.P. Act, police station Bilsi, District Budaun be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
(i) The applicant shall file an undertaking to the effect that he 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.
(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 of the Indian Penal Code.
(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. is issued and the 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 of the Indian Penal Code.
(iv) 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 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.
However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 6.12.2018 Arvind
1 issue framed by the court
Whether the applicant is entitled to bail in the charge of Sections 498A, 302, 304B IPC and 3/4 D.P. Act.
5 provisions across 3 enactments
Satendra
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Neeraj Tiwari
Parties & counsel
