Single judge allowed a bail application filed by Bablu, who is in judicial custody for nearly nine years pending trial in a family dispute involving dowry-related offences, directing him to furnish a personal bond and two sureties.
Released on bail subject to furnishing a personal bond and two sureties and complying with strict attendance conditions.
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Court No. - 10
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10012 of 2022
Applicant :- Bablu Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Neeta Singh Chandel Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
Heard Ms. Neeta Singh Chandel, learned counsel for the accused-applicant, Sri Ranvijay Singh, learned A.G.A. for the State-respondent and perused the record.
This is the third bail application filed on behalf of the accused-applicant, Bablu under Section 439 Cr.P.C. who is involved in FIR No. 308 of 2013, under sections 498-A,304-B, 201 I.P.C. and section 3/4 of the Dowry Prohibition Act, Police StationItaunja, District-Lucknow.
The first bail application of the accused-applicant was dismissed in default vide order dated 04-122019 passed by this court in Crl.Misc. Bail Application No. 10538 (B) of 2019 and the Second Bail Application of the accused-applicant was rejected on merit by this court vide order dated 27-01-2022 passed in Crl.Misc. Bail Application No. 12245(B) of 2019.
The accused applicant is the husband of the deceased, Pinki. The marriage of the deceased took place 3 years before the date of the alleged incident. It is alleged that the accused-applicant and other co-accused were not happy with the dowry given at the time of marriage and they used to assault and subjected the deceased to cruelty for additional dowry demand. The deceased was allegedly killed by the accused-applicant and other co-accused and she was buried. The dead body of the deceased was examined on the direction issued by the Superintendent of Police and the post-mortem report of the deceased noticed that the deceased died because of head injury.
Learned counsel for the accused-applicant submits that the accused-applicant is in jail for around 9 years and in far as in the trial, only three
witnesses have been examined. She therefore, submits that considering aforesaid fact and in long delay in conclusion of trial and considering the long incarnation of the accused-applicant in jail, he may be enlarged on bail
Sri Ranvijay Singh, learned A.G.A. has opposed the prayer for bail, but, has not disputed the fact that the accused-applicant is in jail for around 9 years pending trial.
Considering the facts and circumstances of the case and also considering the long incarnation of the accused-applicant in jail, I am of the view that the accused-applicant is entitled to be enlarged on bail.
Let applicant, Bablu , be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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 sufÏcient 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 sufÏcient 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.
Order Date :- 16.12.2022 AKS
Digitally signed by ANUJ KRISHNA SRIVASTAVA Date: 2022.12.16 20:27:29 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Bablu
State Of U.P. Thru. Secy. Home Lko.
Dinesh Kumar Singh
As recorded by the court registry
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