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2018 DIGILAW 964 (ALL)

Ravi Shankar Barai v. State of U. P.

2018-04-18

RAJUL BHARGAVA

body2018
JUDGMENT : Rajul Bhargava, J. 1. The order-sheet of this case reflects that notice as directed by this Court has been served on opposite party no.2, yet no one has appeared on his behalf. 2. Heard Shri Ashutosh Diljun, learned counsel for the appellant, learned AGA for the State and perused the record. 3. This appeal has been filed against the judgment and order dated 25.10.2017 passed by Additional Sessions Judge/ Special Judge, SC/ST Act, Basti, in Bail Application No.76 of 2017, arising out of Case Crime No.1182 of 2017, under Section 306 I.P.C. read with section 3(2)(v) of SC/ST Act, P.S. Walterganj District Basti, by which bail plea of appellant has been rejected. 4. Learned counsel for the appellant has contended that the allegation of eve teasing by the applicant is totally false and fabricated. He has argued that on 21.8.2017 an information was given by the first informant at the Police Station concerned that his daughter Km. Nisha has committed suicide by hanging. In the said information, there was no such allegation of eve teasing against the applicant. However, on the same day first information report was lodged at 1.30 P.M. It is further submitted that the first informant changed the version for extraneous consideration. It is submitted that the appellant is languishing in jail since 24.8.2017 having no criminal antecedent. 5. Learned A.G.A. vehemently opposed the prayer for grant of bail to the appellant but could not point out anything material to the contrary. 6. In the result, appeal is allowed. The order dated 25.10.2017 passed by Additional Sessions Judge/ Special Judge, SC/ST Act, District Basti, in Bail Application No.76 of 2017, arising out of Case Crime No.1182 of 2017, under Section 306 I.P.C. read with section 3(2)(v) of SC/ST Act, P.S. Walterganj District Basti, is set aside. 7. 6. In the result, appeal is allowed. The order dated 25.10.2017 passed by Additional Sessions Judge/ Special Judge, SC/ST Act, District Basti, in Bail Application No.76 of 2017, arising out of Case Crime No.1182 of 2017, under Section 306 I.P.C. read with section 3(2)(v) of SC/ST Act, P.S. Walterganj District Basti, is set aside. 7. Let appellant-applicant-Ravi Shankar Barai, be released on bail in aforesaid case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) The applicant-appellant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C. (ii) The applicant-appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant-appellant will not indulge in any unlawful activities. 8. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.