Allahabad High Court
Lakhan Lal vs State Of U.P. on 15 October, 2015
Bench: Manoj Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37210 of 2015
Applicant :- Lakhan Lal
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 685 of 2015, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, police station Bisalpur, District-Pilibhit with the prayer to enlarge him on bail.
Learned counsel for the applicant submits that the applicant is father-in-law of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. It has further been submitted that there is general allegation against the applicant, no specific role has been assigned to the applicant. In the postmortem report, the cause of death could not be ascertained, therefore, viscera was preserved. There is no viscera report on record. The deceased has committed suicide herself. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. There is no criminal history of the applicant and is in jail since 21.4.2015.
Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case and without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Lakhan Lal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional 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.
Order Date :- 15.10.2015
Arvind
