Allahabad High Court
Rajan Kanaujia vs State Of U.P. Thru. Prin. Secy. ... on 8 August, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:52526
Court No. - 18
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1031 of 2023
Applicant :- Rajan Kanaujia
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko.
Counsel for Applicant :- Riyaz Ahmad,Hemant Kumar Pandey
Counsel for Opposite Party :- G.A.,Surya Kant Singh
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. as also Sri Surya Kant Singh, learned counsel for the informant and perused the record.
Present bail application has been filed by the applicant seeking bail in Case Crime No.830 of 2019, under Sections-498-A, 304-B I.P.C. & Section 3/4 of Dowry Prohibition Act, Police Station-P.G.I., District-Lucknow.
This is the third bail application. First bail application i.e. Criminal Misc. Bail Application No.2890 of 2020 was dismissed as not pressed on 10.08.2021. The second bail application i.e. Criminal Misc. Bail Application No.14867 of 2021, was rejected by this Court vide order dated 21.07.2022 as the same was filed prior to expiry of period prescribed in the order dated 10.08.2021, whereby the first bail application was rejected also taking note of law laid down by the Division Bench of this court in the judgment passed in the case of Satya Pal vs. State of U.P; reported in 1998 (37) ACC 287 as also in the judgment passed by the Hon'ble Supreme Court in the case of Kalyan Chandra Sarkar etc. vs. Rajesh Ranjan @ Pappu Yadav and Another; reported in 2005(51) ACC 727 (SC). In the aforesaid background of the case, the present bail application has been filed.
While pressing the present bail application, learned counsel for the applicant stated that the applicant is in jail since 11.10.2019 and main witnesses of fact have already been examined and other witnesses (witnesses of fact and formal witnesses of prosecution) are yet to be examined before the Trial Court and in this view of the matter, the chances of conclusion of trial in near future are extremely bleak.
He further submitted that as per report of Autopsy Surgeon except ligature mark over the neck no other injury was found on the body of the deceased. As such, it is a case of suicide for the reasons best known to deceased and not the case of dowry death, however, the same would be subject to the evidence adduced by the parties before the Trial Court including under Section 313 of the Cr.P.C and at this stage of bail, the ground related to period of incarceration i.e. about four years is relevant and on this ground as also considering the time to be taken by the prosecution for concluding the Trial, the applicant is entitled to be released on bail. Prayer is to allow the bail application.
Learned A.G.A. as also Sri Surya Kant Singh, learned counsel for the informant opposed the application for bail. However, they could not dispute the fact that almost four years have elapsed, but the trial has not been concluded till date and the applicant is in jail since 11.10.2019 and as per report of Autopsy Surgeon except ligature mark over the neck no other injury was found on the body of the deceased. They also could not dispute the fact that the trial has not been concluded within the time specified by this Court i.e. within one year as directed by this Court vide order dated 10.08.2021.
It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may otherwise misuse the liberty of bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind the law on the issue of period of incarceration i.e. about four years as also that the applicant, having no criminal history, is not in a position to influence the formal witness of the prosecution and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant-Rajan Kanaujia be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 8.8.2023
Vinay/-
