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Allahabad High Court · body

2017 DIGILAW 1548 (ALL)

Dheeraj v. State of U. P.

2017-06-20

PRATYUSH KUMAR

body2017
JUDGMENT Heard learned counsel for applicant, learned A.G.A. and perused the record. This bail application has been preferred by the accused-applicant, Dheeraj, who is involved in Case Crime No. 744 of 2013, under Sections 498-A, 304-B I.P.C. & 3/4 D.P. Act, P.S.- Peeperpur, District- Amethi. Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent, he has been falsely implicated on account of being husband of the deceased,who had died due to ante mortem burns after six months of her marriage. Learned counsel further submits that the deceased was not well, she was suffering from many diseases like liver enlargement, her left kidney was damaged, uterus bulky in the left ovary cyst was found, for that reason, she used to remain depressed and committed suicide, it was the applicant who took her to hospital for treatment, applicant has no previous criminal history, he is a respectable man, he is confined in jail since 27.11.2013. On behalf of State bail has been opposed and it has been submitted that about six months of her marriage deceased was done to death by the applicant and his other family members on account of demand of dowry but this fact has been conceded that the applicant took the deceased in an injured stage to District Hospital, Sultanpur. Considering the fact that the applicant has tried to save the life of the deceased and he has been in jail for fairly long time and progress of the trial indicates that it is likely to take sometime, hence bail application of the present applicant is allowed. Let applicant, Dheeraj, 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 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, if 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 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 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.