Allahabad High Court
Yogesh vs State Of U.P. on 15 November, 2019
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. IInd BAIL APPLICATION No. - 31914 of 2018 Applicant :- Yogesh Opposite Party :- State of U.P. Counsel for Applicant :- Swetashwa Agarwal Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
This the second bail application moved on behalf of the applicant. The first bail application has been dismissed for want of prosecution on 08.03.2018.
Heard Sri Swetashwa Agarwal, learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is the husband of the deceased and the marriage between them has been solemnized on 13.03.2013 and the post-mortem report transpires the cause of death is asphyxia on account of strangulation. He argued that it is not a case of strangulation but of hanging as the hyoid bone of the deceased was found to be NAD. He further submitted that the neck was found high up as per the post-mortem report. He further stated that the statement of complainant- P.W.-1 was partially recorded by the trial court on 04.09.2019, and the cross-examination was deferred. Further twice date was fixed by the trial court after 04.09.2019, i.e. 18.09.2019 and 30.09.2019 for cross-examination, but he did not appear before the trial court. The applicant is in jail since 22.03.2014.
Learned A.G.A. opposed the prayer for bail and drawn the attention of the court towards the inquest report of the deceased all round the neck Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Yogesh involved in Case Crime No.185 of 2014 under Section 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station Transport Nagar, District Meerut be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 15.11.2019 Saif