Single judge allowed bail to the applicant convicted under Sections 498-A, 304B IPC and RP&WT Act. Granted bail on personal bond with sureties, imposing conditions to expedite trial within one year and ensuring presence at hearings, pending expressed opinion on merits.
Released on bail with personal bond and two sureties subject to specific conduct conditions.
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.
In Chamber
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10545 of 2020
Applicant :- Ramkumar Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar,Manish Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
As per the Office report dated 19.8.2020, an urgency application has been moved on behalf of the applicant in the present bail application through e. mail. The said urgency application has been placed before this Court along with the record. He submitted that he has a minor son aged about 2 years and there is no one to look after him in the family. The said fact has been mentioned in para-18 of the present bail application, hence the matter be heard urgently. Taking into account the said fact, the urgency application is allowed. The Court thus proceeds to hear the matter.
Heard Sri Manoj Kumar, learned counsel for the applicant and Sri A.R. Chaurasia, learned A.G.A. appearing for the State through Video Conferencing and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is the husband of the deceased. Their marriage was solemnized on 7th July, 2016 and from their wedlock a male child was born. He submits that there was some dispute between the two on account of some trivial issue and the applicant went Office without taking meal on account of which the deceased under depression committed suicide. He submits that at the time of incident, the younger sister of the deceased was present at the house where the deceased committed suicide by hanging herself but the Investigating Officer has not recorded her statement and submitted charge-sheet for the offence in question. He submits that as per the post mortem report of the deceased, the cause of asphyxia as a result of hanging and except ligature mark no ante mortem injury was found on the body of the deceased. He submits that the applicant is in jail and there is no one to look after his child aged about two years. The applicant has no other reported criminal antecedent. The applicant is in jail since 9.4.2019.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Ram Kumar involved in case crime no. 391 of 2019 under sections 498-A, 304B I.P.C. and 3/4 D.P. Act, police station Bisrakh, District Gautam Budh Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
(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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a copy of this order, if there is no legal impediment.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the 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 :- 20.8.2020 Shiraz
2 issues framed by the court
Whether the applicant is entitled to bail considering his custody of a minor child and the nature of allegations.
Whether the court should grant bail without expressing an opinion on the merits of the case.
7 provisions across 3 enactments
Ramkumar
State of U.P.
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
