The High Court granted bail to Jagvir Singh accused under U.P. Dowry Prohibition Act and IPC Sections 498-A and 304-B. Bail was subject to strict conditions regarding court attendance and trial conclusion.
Release on bail requiring personal bond, two sureties, and strict undertakings to attend court and conclude trial within one year.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53949 of 2019
Applicant :- Jagvir Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mithilesh Kumar Mishra,Ardhendu Shekhar Sharma,Atul Tej Kulshrestha,Dhirendra Kumar Agrahari,Mayank Yadav,Ram Babu Sharma,Sudhir Mehrotra,Umeshkumar Mishra,Vinay Singh,Vivek Kumar Singh
Counsel for Opposite Party :- G.A.,Pankaj Kumar Govil
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, Sri Rajneesh Pratap Singh, holding brief of Sri Pankaj Kumar Goyail, learned counsel for the informant as well as learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 166 of 2019, (Session Trial No. 349 of 2019), under Sections 498-A, 304-B IPC and section 3/4 D.P. Act, Police Station Dibai, District Bulandshahar.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant is fatherin-law of the deceased aged about 68 years. It has further submitted that there is general allegation against the applicant and co-accused. It has further submitted that there was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. The applicant has not committed the alleged offence. False allegation has been made against the applicant. It has further submitted that no offence is made out against the applicant. He has further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail. There is no criminal history against the applicant. The applicant is in jail since 3.5.2019.
On the other hand, learned counsel for the informant as well as learned A.G.A. oppose the application for bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Jagvir Singh, who is involved in aforementioned case crime be released on bail on his furnishing
a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(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 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 :- 20.12.2022/A.
Digitally signed by AFAQ AHMAD Date: 2022.12.20 16:31:23 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is a fit case for bail under Section 439 Cr.P.C. considering the severity of punishment and circumstances.
5 provisions across 2 enactments
Jagvir Singh
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
