Allowed

Ashok Kumar v. State of U.P. Thru. Prin. Secy. Home

Allahabad HC22 Nov 2024/7169/2024

Case brief

AI extract

What is this about?

In Criminal Miscellaneous Bail Application No. 7169 of 2024, the Allahabad High Court, Lucknow Bench allowed the bail application of Ashok Kumar, accused under Sections 498-A IPC, 306 IPC, and D.P. Act, finding him entitled to release after considering arguments regarding false implication and trial delay.

What did the court decide?

Applicant released on bail on furnishing personal bond and two reliable sureties each of the like amount subject to specified conditions.

Ashok Kumar Vs State of U.P. Thru. Prin. Secy. Home — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:77431

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7169 of 2024

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Applicant :- Ashok Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant in F.I.R. No. 376 of 2023, under Sections 498-A, 306 IPC and Section 3/4 D.P. Act, Police Station Khairighat, District Bahraich with the prayer to enlarge him on bail.

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Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. It is further submitted that marriage of the applicant was solemnized with the sister of the informant in the year 2003 and out of their wedlock, 3 children were born. However, due to some trivial issues, she consumed some pesticide, as a result of which, she died. Learned counsel for the applicant vehemently submits that there is no evidence of abetment and the Investigating OfÏcer filed the charge sheet in mechanical manner. It is lastly submitted that in near future, there is no possibility of conclusion of trial and the applicant, who has no criminal antecedent, is in jail since 17.04.2024. In such circumstances, applicant is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the trial.

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Learned A.G.A. opposes the prayer for grant of bail to the applicant, but does not dispute that the marriage was solemnized in the year 2003.

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Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through

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the contents of F.I.R., medico legal report as well as other relevant documents, I am of the view that the applicant is entitled to be released on bail.

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Application stands allowed.

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Let applicant -Ashok Kumar be released on bail in F.I.R. No. 376 of 2023, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police ofÏce or tamper with the evidence.

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(iii) 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.

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(iv) 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 229A IPC.

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(v) 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.

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(vi) The applicant shall remain present, in person, before

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the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) 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.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 22.11.2024 VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Ashok Kumar v. State of U.P. Thru. Prin. Secy. Home

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Ashok Kumar v. State of U.P. Thru. Prin. Secy. Home

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