HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- BAIL No. - 9445 of 2014 Applicant :- Bechey Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Uttam Kumar Verma Counsel for Opposite Party :- Govt.Advocate Hon'ble Ramesh Sinha,J.
Heard Sri Uttam Kumar Verma, counsel for the applicant and Sri Anurag Verma, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is the husband of the deceased. The F.I.R. of the present case was lodged after three months of the incident on the basis of application under Section 156 (3) Cr.P.C. against five accused persons including the applicant out of which three accused persons have been exonerated by the police during investigation and the charge-sheet has been submitted against the applicant and co-accused Shripal, who is the brother of the applicant. The allegation against the applicant is that the deceased used to dance in the play which was disliked by the applicant and the applicant also suspect the deceased to have become lady of easy virtue, hence she committed the murder of the deceased along with co-accused Shripal to save his reputation in the society. The said fact is absolutely false as there is no cogent evidence against the applicant to connect him with the present crime except his extra judicial confession which is said to have been made before Ambika Prasad and Narendra Kumar which is a weak evidence and reliance cannot be placed on the same. The applicant has no other reported criminal antecedent. The applicant is in jail since 18.5.2014.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
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.
Let the applicant Bechey Lal involved in Case Crime No.365 of 2014 under Sections 147, 302 I.P.C., police station Sakran, District Sitapur 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.
Order Date :- 30.4.2015 shiraz