Rama Kant Singh Vs State of U.P.

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Court No. - 36 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24198 of 2020 Applicant :- Rama Kant Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mamta Singh Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma

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Hon'ble Sanjay Kumar Pachori,J.

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List has been revised. Sri Dhirendra Kumar Verma, learned counsel for the informant is not present.

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Learned counsel for the applicant states that informant's counsel was also not present on any date in the Court.

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Heard Ms. Mamta Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed by the applicant (father-in-law) with a prayer to enlarge him on bail in Case Crime No.0038 of 2020, under Sections 498-A, 304-B and 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police StationDeogaon, District Azamgarh.

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Learned counsel for the applicant argued that this is a bail application filed by father-in-law of the deceased. In the first information report there is allegation of causing death of the deceased by fire arm against the husband of the deceased; the applicant has been falsely implicated in the present case and he has no role in the incident; he was not present at the time of incident; he has been implicated on general allegation of demand of dowry; he has not reported criminal antecedent. She further states that in Criminal Misc. Bail Application No. 23882 of 2020 co-accused-Manju Devi (mother-in-law) has been enlarged on bail by this Court vide order dated 31.8.2020. In Criminal Misc. Bail Application No. 16261 of 2020 another coaccused-Vishal Singh @ Akash Singh (brother-in-law) has also been enlarged on bail by this Court vide order dated 22.7.2020. She also states that the case of the applicant is similar to the case of co-accused, who have already been enlarged on bail by this Court, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 07.02.2020 and, in case, he is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. has vehemently opposed the bail prayer of the applicant but could not dispute the aforesaid fact and submitted that the case of the applicant is similar to the case of co-accused who have already been enlarged on bail.

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Considering the facts and circumstances of the case as well as

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submissions made by learned counsel for the parties, nature of allegation, statement of the victim, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Rama Kant Singh involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.

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(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.

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(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.

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(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.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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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. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.

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Order Date :- 5.10.2020/OP

Rama Kant Singh v. State of U.P.

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Rama Kant Singh v. State of U.P.

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