HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16542 of 2015 Applicant :- Gulab Singh Opposite Party :- State Of U.P. Counsel for Applicant :- K.C. Mishra Counsel for Opposite Party :- Govt. Advocate Hon'ble Ramesh Sinha,J.
Heard Sri K.C. Mishra, learned counsel for the applicant, Sri L.D.Rajbhar, learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is the father-in-law of the deceased. It is further submitted that the co-accused Rajkumari, mother-in-law of the deceased has been granted bail by this Court vide order dated 23.4.2015 in Criminal Misc. Bail Application Nos. 13696 of 2015 and the case of the applicant stands of identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 29.10.2014.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the 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 Gulab Singh involved in Case Crime No. 1008 of 2014, under Sections 498-A, 304-B IPC and 3/4 D.P.Act, P.S.-Kotwali Nagar, District Banda be released on bail 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 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.
The case of the applicant is distinguished from the case of Deepak Singh, who is the husband of the deceased.
Order Date :- 1.6.2015 Ashish Pd.