Allahabad High Court
Mansha Ram (Second Bail Application) vs State Of U.P. on 25 August, 2021
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 16 Case :- BAIL No. - 2133 of 2020 Applicant :- Mansha Ram (Second Bail Application) Opposite Party :- State of U.P. Counsel for Applicant :- Sharvan Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
This is the second bail application. The first bail No.9905 of 2018 was rejected vide order dated 04.09.2019.
The present bail application i.e. second bail application has been filed by the applicant seeking bail in Case Crime No. 98 of 2018, under Sections-498-A, 306, 201, 504, 506 & 352 I.P.C., Police Station-Gilaula, District Shrawasti.
Learned counsel for the applicant while pressing the present bail application i.e. second bail application submitted that accused-applicant is innocent and has been falsely implicated in the instant case. As per prosecution case, the F.I.R. was lodged on 31.05.2018 and pursuant to the same, the applicant was arrested on 07.06.2018 and since then he is in jail.
It is submitted that the statement of PW-1/Amresh Kumar, informant, has been recorded and in this statement he has not supported the story of prosecution. On the basis of the statement of PW-1/Amresh Kumar, he submitted that no cruelty was ever committed to deceased by the applicant nor there was any demand of dowry.
He further submitted that in the statement, he has specifically stated that body of the deceased was cremated in absence of this witness, i.e. informant, father of the deceased, as also other family members, as such, becoming annoyed on account of this act the F.I.R. was lodged levelling therein the allegation of cruelty as cause of death.
He lastly submitted that taking note of statement of PW-1/Amresh Kumar, who is the informant as also period of incarceration, present bail bail application be allowed and the applicant be released on bail.
Learned A.G.A. has, however, opposed the prayer for grant of bail but he could not dispute the aforesaid aspects of the case.
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 statement of informant namely Amresh Kumar and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant-Mansha Ram, be released on bail in aforesaid Case Crime Number 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 his 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.
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.
This order shall not influence the trial Court for proceeding with the trial.
The application stands disposed of.
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.
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.
Order Date :- 25.8.2021/Vinay/-