Allahabad High Court
Mahesh Pandey vs State Of U.P. on 27 January, 2021
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4447 of 2021
Applicant :- Mahesh Pandey
Opposite Party :- State of U.P.
Counsel for Applicant :- Prabhakar Chandel
Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 114 of 2020 under Sections 306, 323, 504 IPC, Police Station - Manikpur, District - Chitrakoot with the prayer to enlarge the applicant on bail.
The report of this incident was lodged by the complainant about the death of his sister Archana Tripathi who was aged about 25 years and was married with present accused Mahesh Pandey. It was also alleged in the FIR that the in-laws of the deceased were harassing the deceased and cruelty was meted out to her by her in-laws and being aggrieved from the cruelty the deceased committed suicide on 06.9.2020. The matter was reported to the police on 11.9.2020.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused has been falsely implicated in the present case. In support of the bail application the learned counsel submits that the present accused himself has reported to the police about the death of his wife Archana Pandey and it was alleged in the FIR that the deceased committed suicide only because she was scolded by the present accused for beating the children on 06.09.2020. It is also submitted that the present accused had not abetted or excited or instigated her to commit suicide. Therefore, the learned counsel submits that co-accused Pushpraj @ Kallu and Shivmangal Pandey have already been granted bail by another benches of this Court, vide judgment and orders dated 15.12.2020 and 8.1.2021, respectively passed in Criminal Misc. Bail Application No. 44802 of 2020 and 47109, copies of their bail orders submitted during the hearing are taken on record. Lastly it is argued that the applicant is in jail since 25.9.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Mahesh Pandey involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.1.2021
LBY
