Allowed

Mohan Lal v. State of U.P.

Allahabad HC7 Sept 2021BAIL/12690/2021

Case brief

AI extract

What is this about?

Third bail application by Mohan Lal, father-in-law of deceased in dowry death case. Learned judge granted bail despite dismissing merit arguments, imposing strict conditions to prevent misuse of liberty and ensure attendance at trial.

What did the court decide?

Applicant was released on bail on furnishing personal bond with two sureties, subject to strict conditions regarding attendance and no adjournment seeking.

Mohan Lal Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2021)

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Court No. - 2

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12690 of 2021

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Applicant :- Mohan Lal Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Mishra,Chandan Sharma Counsel for Opposite Party :- G.A.,Ram Babu Sharma,Rizwan Ahmad(Qureshi)

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Hon'ble Suneet Kumar,J.

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Heard learned counsel for the applicant and learned A.G.A. appearing for the State.

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This is third bail application. The second bail application came to be rejected vide order dated 09.09.2020 passed in Criminal Misc. Bail Application No. 13910 of 2020 (Mohan Lal and another Versus State of U.P.).

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It is urged by learned counsel for the applicant that the applicant is fatherin-law of the deceased. It is submitted that despite expedite order of this Court the trial is not proceeding; there are 37 witnesses, out of which, 13 are witnesses of fact; only two witnesses have been examined; an application under section 319 Cr.P.C. has been filed for recall the witnesses.

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It is further submitted that the deceased was at her parents home on the date of the incident; she committed suicide as is reflected from the statement of the loco pilot and the driver of the train; it is a case of suicide. It is lastly submitted that the applicant has no other reported criminal antecedent and he is languishing in jail since 17.06.2019, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial.

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Learned A.G.A. opposed the prayer for bail.

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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 tempering 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.

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Let the applicant, Mohan Lal , involved in Case Crime No. 1587 of 2018, under Section 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Highway, District Mathura 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:-

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(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.

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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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(v) The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.

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(vi) The computer generated copy of the order shall be self attested by the counsel of the party concerned.

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(vii) 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.

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Order Date :- 7.9.2021 K.K. Maurya

Mohan Lal v. State of U.P.

Case brief

What is this about?

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Mohan Lal v. State of U.P.

Case brief

What is this about?

What did the court decide?

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