Criminal Misc. Bail Application filed by Harnarain, who was summoned but not named in FIR or charge sheet, involving offences under Sections 498-A and 304-B IPC and DV Act. The single-judge bench granted bail with conditions.
Applicant released on bail with personal bond and two sureties subject to conditions regarding evidence and witness interference.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53830 of 2019
Applicant :- Harnarain Opposite Party :- State of U.P. Counsel for Applicant :- Ambreesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is neither named in the first information report nor charge sheet was submitted against him. The applicant has been summoned to face trial on the basis of an application moved under section 319 Cr.P.C. The applicant has no concern with the alleged incident. At the time of alleged incident the applicant was living separate from the deceased and her husband. The F.I.R. was lodged against the husband of the deceased. The charge sheet was also submitted against the husband of the deceased Ram Teerath. The applicant has not committed the alleged offence. There is no direct evidence against the applicant. The applicant is in jail since 16.11.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Harnarain involved in Case Crime No. 134 of 2019, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Bidhuna District Auraiya be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 16.12.2019 Gss
2 issues framed by the court
Whether the applicant is entitled to bail in a custody matter involving Section 498-A IPC and Sections 304-B IPC without direct evidence against him.
Whether the applicant, not named in FIR or charge sheet, can be exempted from personal presence despite summons under Section 319 Cr.P.C.
4 provisions across 3 enactments
Harnarain
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Bachchoo Lal
Parties & counsel
