Allahabad High Court
Ram Het And Others vs State Of U.P. on 10 February, 2020
Author: Gautam Chowdhary
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- CRIMINAL APPEAL No. - 1085 of 2012 Criminal Misc. Short Term Bail / Parole Application No.17 of 2020:- In ref: Appellant :- Ram Het And Others Respondent :- State of U.P. Counsel for Appellant :- Ghan Shyam Das,Hement Kumar,Jitendra Singh,Satya Prakash Rathor,Seema Shukla,Vinod Kumar Counsel for Respondent :- Govt. Advocate Hon'ble Arvind Kumar Mishra-I,J.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant and learned A.G.A. for the State By way of the instant application, the applicant has sought short term bail / parole in S.T. No. 115 of 2010 (State vs. Ram Het & Others), arising out of Case Crime No. 1702 of 2010, under Sections 304, 308, 325, 323 I.PC., Police Station - Charkhari, District - Mahoba.
This is short term / parole bail application with the prayer that applicant Ram Het is the father of the girl, whose marriage is scheduled to take place on 11th February, 2020 and there is no one else to conduct the matrimonial ceremony. Marriage invitation card has been produced by the learned counsel for the applicant, the same is taken on record.
We have also heard Sri Om Narain Tripathi, learned A.G.A. on this point. He has claimed that in past too the accused Ram Het was given benefit of parole for one week on account of marriage of his sister. He has not disputed the marriage invitation card annexed here with along with the parole bail application.
It is directed that the applicant be taken to the matrimonial place namely, Mohalla - Suharyav, Charkhari, Mahoba (U.P.) in police custody, where he shall remain free to discharge marital formalities for the ceremony for which three days parole from 11.02.2020 to 13.02.2020 is admitted to him. No unnecessary delay be occasioned by the authorities spelled in this order for facilitating movement of the accused to his village/place of marriage as directed by this Court under various pretext to the dislike of this Court. The Superintendent may, if so requires, seek help of the S.S.P./D.M. Allahabad as the marriage ceremony is to take place on 11.02.2020, therefore wireless message alone shall be adopted for this as means of communication. The S.S.P./D.M, Allahabad shall without delay extend all cooperation with the Superintendent Central Jail, Naini for safe conveyance of the accused from jail to his village, then back to jail. On 14th February, 2020 before 12:00 noon, the accused/applicant shall surrender before the Superintendent of Jail concerned, who shall relodge him in the jail and a compliance report by way of affidavit shall be submitted by him to this Court and also by the accused Ram Het.
We have been told that this case has been directed to be listed for hearing on 17th February, 2020, therefore the compliance affidavit as above is to be submitted on or before 17th February, 2020.
List this case on 17th February, 2020.
Superintendent Central Jail, Naini shall be required upon production of certified copy of this order to immediately act in compliance of this order and to file a separate affidavit of the compliance on or before 17th February, 2020, failing which he shall be responsible for violating the mandate of this Court and no leniency shall be shown to him.
Send a copy of this order by FAX immediately to the Superintendent Central Jail, Naini, D.M., Allahabad and S.S.P., Allahabad for strict compliance of this order.
A copy of this order may be given to learned counsel for the applicant upon payment of usual charges forthwith before 4:00 p.m. today.
Order Date :- 10.2.2020 S Rawat