Crim. Misc. Bail Application where an accused charged with 498-A, 304-B IPC sought bail. The High Court granted bail against a personal bond and sureties, imposing conditions regarding appearance and conduct during trial.
The applicant Dr. Rajesh Raikwar was released on bail with a personal bond and two sureties subject to specific conditions.
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9604 of 2022
Applicant :- Dr. Rajesh Raikwar Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A.-I appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant is the husband of the deceased and has not committed the crime in question. It is next contended that the marriage between the applicant and deceased was solemnized on 7.3.2019 with Hindu rites & rituals. It is next contended that the since inception of marriage the deceased doubting the applicant that he is a already married person, however, it was the first marriage of the applicant with the deceased, out of which deceased committed suicide by hanging herself. It is next contended that the deceased was a short tempered lady because of which she committed suicide. It is next contended that the trial of the case is delayed and there is no possibility of early conclusion of the same. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 14.10.2019. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. opposed the prayer for bail.
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 and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Let the applicant Dr. Rajesh Raikwar involved in Case Crime No.155 of 2019, under Sections 498-A, 304-B I.P.C. and 3/4 of D.P. Act, Police Station Badagaon, District Jhansi 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.
(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.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 14.10.2022 Dev/-
Digitally signed by DEV PRAKASH Date: 2022.10.21 17:53:01 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail considering the nature of accusation and prima facie satisfaction of the charge.
Whether surrender of the applicant should be considered as abuse of bail.
6 provisions across 3 enactments
Dr. Rajesh Raikwar
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
