Allahabad High Court
Guddu @ Raj Kishor vs State Of U.P. on 16 December, 2022
Author: Suresh Kumar Gupta
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44305 of 2022 Applicant :- Guddu @ Raj Kishor Opposite Party :- State of U.P. Counsel for Applicant :- Vijai Prakash Awasthi,Ajai Kumar Counsel for Opposite Party :- G.A.,Mahendra Singh Hon'ble Suresh Kumar Gupta,J.
List revised. None is present on behalf of the first informant.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The applicant is involved in Case Crime No. 77 of 2022, under Sections 498-A, 304-B I.P.C. and 3/4 of the Dowry Prohibition Act, Police Station - Kunwar Gaon District- Budaun.
Learned counsel for the applicant has submitted that the applicant, who is brother-in-law (devar) of the deceased and is innocent, has been falsely implicated in the present case. General allegation of additional demand of dowry of mortor-cycle and Rs. 1 lac, harassment and cruelty has been made against the applicant. Co-accused Smt. Vimla Devi, who is mother-in-law having similar role, has been granted bail by this Court on 12.10.2022 in Criminal Misc. Bail Application No. 45145 of 2022. Learned counsel for the applicant claims parity. The applicant is in jail since 6.6.2022. Therefore, the applicant is entitled for bail. Learned counsel for the applicant has further submitted that if the applicant is released on bail, the applicant would not misuse liberty of bail and is ready to co-operate in the trial.
Learned A.G.A. has, however, opposed the prayer for bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
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 without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant Guddu @ Raj Kishor be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions, which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that the applicant 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. The applicant shall not tamper with the evidence.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. In case of absence of the applicant, without sufficient cause, the trial court may proceed against the applicant 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 presence of the applicant 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 the applicant, 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 the applicant in accordance with law.
Order Date :- 16.12.2022 Anuj Singh