Allahabad High Court
Kailash @ Kailash Chandra vs State Of U.P. on 6 July, 2021
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 14
Case :- BAIL No. - 6862 of 2021
Applicant :- Kailash @ Kailash Chandra
Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Alok Mathur,J.
1. Heard Sri Pradeep Kumar Tripathi, learned counsel for applicant as well as learned Additional Government Advocate through video conferencing in view of COVID-19 pandemic.
2. Applicant is an accused in Crime No. 58 of 2021, Under Section - 498-A, 304-B I.P.C. & 3/4 D.P. Act, Police Station - Kotwali Nagar, District Sitapur.
3. It has been stated that applicant is the father-in-law of the deceased who is said to have died due to hanging on 17.11.2020. It is stated that first information report was lodged after two and half months on 31.01.2021 and there is no explanation for the delay in lodging of the said F.I.R.
4. It has been submitted that the delay itself cause a reasonable ground to disbelieve the version of the prosecution. It has further been stated that there is no specific allegation of demand of dowry from the applicant who is the father-in-law of the deceased and therefore, benefit of the judgment passed in the case of Geeta Mehrotra Vs. State of U.P. and others reported in 2012 (10) ADJ 464, so the bail application of the applicant may also be considered.
4. Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
5. Considering the facts and circumstances of the case, perusing the record and also considering the fat that the applicant is the father-in-law aged about 70 years, there is no specific allegation for demand of dowry and further that there is no explanation for delay of two and half months in lodging of the said F.I.R and the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
6. Let applicant/Kailash @ Kailash Chandra be released on bail in Crime No. 58 of 2021, Under Section - 498-A, 304-B I.P.C. & 3/4 D.P. Act, Police Station - Kotwali Nagar, District Sitapur on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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.
7. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
8. The application stands disposed of.
9. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
10. The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Alok Mathur, J.)
Order Date :- 6.7.2021/Ravi/
