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2015 DIGILAW 1257 (ALL)

Jodhey @ Akraam Khan v. State of U. P.

2015-05-15

SUDHIR KUMAR SAXENA

body2015
JUDGMENT Sudhir Kumar Saxena, J. Heard Shiv Pal Singh, learned counsel for the applicants and learned A.G.A. appearing for the State. 2. It has been contended by the learned counsel for the applicants that applicants are parents-in-law. No specific role has been assigned to them. It is further contended that applicants are languishing in jail since 8.12.2014 with no criminal record. 3. Learned A.G.A. opposed the bail. Without expressing any opinion on the merits of the case and 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, the applicants are entitled to be released on bail in this case. 4. Let the applicants- Jodhey alias Akraam Khan and Smt. Kamma, involved in Case Crime No. 1729 of 2014, under Sections 498-A/304-B/120-B, 34 I.P.C. and 3/4 D.P.Act, Police Station- Risia, District- Bahraich be released on bail on their 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 applicants shall file an undertaking to the effect that they will 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicants 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 applicants 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.