The High Court granted bail to an applicant accused under Sections 498-A, 304-B IPC and Dowry Prohibition Act, holding that he made out a case for bail on grounds of parity with a co-accused.
Released on bail by furnishing a personal bond and two heavy sureties subject to specific conditions including appearance in court and filing of undertakings.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34084 of 2022
Applicant :- Ram Gopal Alias Makhan Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard Mr. Shailendra Kumar Singh, learned counsel for the applicant, learned Additional Government Advocate for the State and perused the material available on record.
By means of this application, the applicant who is involved in Case Crime No.379 of 2021, under Sections 498-A, 304-B, 506 IPC and 3/4 of Dowry Prohibition Act 1961 Police Station Alhaganj, District Shahjahanpur is seeking enlargement on bail during the trial.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. He has not committed any offence as alleged in the impugned first information report. The applicant is fatherin-law (sasur) of the deceased aged about 60 years. The applicant alongwith his wife are residing separately from the deceased. The applicant has never demanded any dowry either from the deceased or from her family members. Only general allegation has been levelled against the applicant. As per postmortem report, the cause of death has been found to be asphyxia as a result of ante mortem hanging. He has further submitted that similarly placed co-accused Anita Devi, who is the mother-in-law of the deceased, has already been enlarged on bail by another co-ordinate Bench of this Court by order dated 13.09.2022 passed in Criminal Misc. Bail Application No.32435 of 2022, copy of the bail order produced by learned counsel for the applicant is taken on record. He has further submitted that since the role of the applicant is identical to that of co-accused Anita Devi, who has already been enlarged on bail, the applicant is also entitled to be enlarged on bail on the ground of parity.The applicant is having no criminal history. He is in jail since 22.10.2021.
The prayer for bail has vehemently been opposed by learned A.G.A., however, the aforesaid factual aspect of the matter has not been disputed by him.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
Let the applicant- Ram Gopal Alias Makhan , involved in the aforesaid case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.
(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., may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 1.11.2022
Ajeet
Digitally signed by AJEET KUMAR PATEL Date: 2022.11.01 13:29:56 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with a similarly placed co-accused who was already released on bail.
Colour shows how this judgement treated each authority
Bail Application in co-ordinate bench order dated 13.09.2022Followed¶7
Criminal Misc. Bail Application No.32435 of 2022
3 provisions across 2 enactments
Ram Gopal Alias Makhan
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
