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2015 DIGILAW 793 (ALL)

Shobit Kumar @ Sobhit v. State of U. P.

2015-04-13

SUDHIR KUMAR SAXENA

body2015
JUDGMENT Sudhir Kumar Saxena, J. Heard learned counsel for the applicant and learned A.G.A. appearing for the State. 2. It is contended by learned counsel for the applicant that applicant was married with victim three years ago. It was a case of love marriage/court marriage. Both were living happily, even according to prosecution version, there was no anti-mortem injury and there is no evidence of torture which lead to abetement. Medical papers had been filed alongwith bail application which show that victim did have left ovarian cyst. It was suicidal death. Applicant is in jail since 17.10.2014 with no criminal history. Learned A.G.A. opposed the prayer for bail. 3. 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 applicant is entitled to be released on bail in this case. 4. Let the applicant-Shobit Kumar @ Sobhit involved in Case Crime No. 444 of 2014, under Section 306 I.P.C., Police Station Singahi, District Kheri, 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.