Single judge granted bail to the applicant in a second bail application regarding a dowry death case, weighing incarceration duration against trial pendency.
Applicant released on bail on furnishing personal bond and two sureties each in the like amount with conditions regarding attendance and conduct during trial.
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.
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1120 of 2022
Applicant :- Vishnu (Second Bail) Opposite Party :- State Of U.P. Thru The Prin. Secy. Home Lucknow Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
"1. An oblique mark 28 cm x 35 cm present on all around the neck above thyroid cartilage in front of neck. Passing obliquely upward and backward along the line of mandible and it is interrupted by 2 cm on posterior aspect of left side of neck, ligature mark situated 3
cm below left ear and 6 cm below right ear base of groove of underneath ligature mark is yellowish, hard and parchment like.
On opening subcutaneous tissue underneath the ligature mark are while hard and glistering dry skin or saliva mark present on right angle of mouth.
2. Contusion 5 cm x 4 cm present on right upper arm 2 cm above right elbow joint.”
(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.
Order Date :- 19.5.2022 Rao/-
Digitally signed by CHEBROLU SRINIVASA RAO Date: 2022.05.19 17:25:27 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the accused-applicant should be granted bail in the second instance considering the pendency of trial and facts of the case.
3 provisions across 2 enactments
Vishnu
State Of U.P.
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
