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Allahabad High Court · body

2017 DIGILAW 1547 (ALL)

Sonu Dharikar v. State of U. P.

2017-06-20

MANOJ MISRA

body2017
JUDGMENT Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant in case crime No. 135 of 2016, under Sections 498 (A), 323, 326, 504, 506 IPC 3/4 D.P. Act, Police Station Myorpur, District Sonebhadra with the prayer to enlarge him on bail. The submission of the learned counsel for the applicant is that the F.I.R. has been lodged on 12.12.2016 in respect of two incidents, one related to the year 2014 and the other related to the year 2016. It has been submitted that the allegations in respect of causing burn injuries to the victim is of the year 2014 of which no prompt F.I.R. was lodged and those injuries were received in an accident. The alleged second incident of not accepting the victim in the year 2016 for not supplying dowry is false and is just to explain the delay in lodging the F.I.R.. It has been submitted that the applicant is innocent with no previous criminal history; he is in jail since 09.04.2017 and, in case he is enlarged on bail, he will not misuse the liberty of bail. Learned AGA has opposed the prayer for grant of bail to the applicant, but could not point out anything material to the contrary. Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail. Let applicant Sonu Dharikar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice: - (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) 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. 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. (iii) 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. (iv) 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. (v) 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.