Allahabad High Court
Shreepal Singh vs State Of U.P. on 12 November, 2014
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29589 of 2014
Applicant :- Shreepal Singh
Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Gautam
Counsel for Opposite Party :- Govt.Advocate
Hon'ble Ramesh Sinha,J.
Counter affidavit filed by the State is taken on record.
Heard Sri Manoj Kumar Gupta, learned counsel for the applicant and Sri Manish Dev, learned AGA for the State and perused the record.
It has been submitted by the learned counsel for the applicant that the applicant is father-in-law of the deceased and is living separately with his son's family. He never demanded for dowry from the deceased. The deceased accidentally caught fire from the lamp while she was reading. She was admitted to hospital by her husband. Due to some family dispute for providing more property to the husband of the deceased by the applicant, which was not fulfilled by him, the applicant is being falsely implicated in this case.
Learned AGA has opposed the prayer for bail.
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 Shreepal Singh, son of Shri Fulwa Singh involved in Case Crime No. 248 of 2014 under Section 498-A, 323, 326-Ka, 307 IPC and 3/4 Dowry Prohibition Act, police station Seohara, district Bijnore 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 :- 12.11.2014
SKS
