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2020 DIGILAW 508 (ALL)

Ganga Prasad v. State of U. P.

2020-02-14

SAMIT GOPAL

body2020
JUDGMENT : 1. Heard Sri Suneel Kumar Rai, learned counsel for the applicant, learned A.G.A. and perused the material on record. 2. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Ganga Prasad seeking enlargement on bail during trial in connection with case crime no.158 of 2016, under Sections 498-A and 302 I.P.C. and 3/4 of D.P.Act, P.S. Nohjhil, District Mathura. 3. Learned counsel for the applicant argued that the applicant has been summoned on the basis of an application under Section 319 Cr.P.C.. A first information report was lodged against six persons namely Premchandra Sharma, Ganga Prasad, Smt. Kamlesh, Smt. Dayawati, Bharatlal and Bhuvnesh and chargesheet was submitted against Premchandra and Smt. Dayawati only. Later on vide order dated 29.04.2019 Ganga Prasad-present applicant, Smt. Kamlesh, Bharatlal and Bhuvnesh were summoned under Section 319 Cr.P.C. for offence under Sections 498-A, 302 I.P.C. and 3/4 of D.P.Act on the basis of statement of P.W. 1 Vijay Kumar Lavaniya who is first informant and P.W.2 Km. Ravina. 4. He further argued that the applicant is Jeth of the deceased and is stated to have a separate living. It is further argued that Smt. Mamta-the deceased had given a dying declaration which is annexure-4 to the affidavit in which she has implicated her husband, his brothers and mother-in-law. No role whatsoever has been assigned to the applicant. Even the presence of the applicant is not stated to be at the place of occurrence as per the dying declaration. The applicant is in jail since 07.01.2020 and has no criminal antecedents as stated in para20 of the affidavit, therefore, he be released on bail. 5. Per contra, learned AGA opposes the bail but could not dispute the arguments raised by learned counsel for the applicant. 6. Considering the totality of the case in particular, nature of evidence available on record without further any comments on merit, I am inclined to release the applicant on bail. 7. Let the applicant Ganga Prasad be released on bail in the aforesaid case crime number 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 applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229- A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 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. The bail application is allowed.