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Allahabad High Court · body

2015 DIGILAW 2048 (ALL)

Rajendra Patel v. State of U. P.

2015-07-22

RAMESH SINHA

body2015
JUDGMENT Ramesh Sinha, J. Heard Sri Ashish Kumar Gupta, learned counsel for the applicant and Sri Ripusudan Yadav, learned A.G.A. for the State and perused the record. 2. It has been contended by the learned counsel for the applicants that the applicants are the father-in-law and mother-in-law of the deceased and there is no dying declaration or witnesses of the alleged incident specifying the allegations leveled against them. Learned counter for the applicants further submitted that the husband of the deceased Ashok Kumar Patel is already confined to jail. The applicant has no criminal history. The applicant is in jail since 01.04.2015. 3. Learned AGA opposed the prayer for bail. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail. 4. Let the applicants Rajendra Patel and Smt. Hubraji Deve involved in Case Crime No. 51 of 2015, under Sections 498-A, 304-B IPC and section 3/4 of Dowry Prohibition Act, Police station-Rohaniya, District-Varanasi be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice: - (i) The applicants 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 applicants 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 applicants 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 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 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 them in accordance with law. The case of the applicant is distinguishable from the co-accused Ashok Kumar Patel husband of the deceased.