Allahabad High Court
Mukesh vs State Of U.P. on 6 December, 2019
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54150 of 2019 Applicant :- Mukesh Opposite Party :- State of U.P. Counsel for Applicant :- Arjun Singh Solanki Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
Heard Sri A.S.Solanki, learned counsel for the applicant, Sri A.R.Chaurasia, 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 Jeth of the deceased and has been falsely implicated in the present case. He further argued that as per the dying declaration of the deceased, the applicant has not been assigned any overt act, whereas the co-accused Greesh, devar of the deceased, has been assigned the main role of setting ablaze the deceased and she died. The bail application of Greesh has been rejected by a Coordinate Bench of this Court vide order dated 31.7.2019 in Crl.Misc. Bail Application No.18875 of 2018, copy of which has been produced and the same is taken on record. He argued that the co-accused Smt. Durgesh who is wife of the applicant, has already been granted bail by a Coordinate Bench of this Court vide order dated19.8.2019 in Crl. Misc. Bail Application No.33438 of 2019, copy of which has been produced and the same is taken on record. He further argued that so far as the trial of the case is concerned, charges have been framed on 8.8.2019 and the matter is fixed for prosecution evidence. The applicant has no other reported criminal antecedent. The applicant is in jail since 8.3.2019.
Learned A.G.A. opposed the prayer for bail.
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 tampering 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-Mukesh involved in Case Crime No.286 of 2014, under Sections 302, 376, 511 I.P.C., Police Station Sidhapura, District Kasganj be released on bail on his furnishing a personal bond of Rs.one lac with two sureties (one should be of his family member) each in the like amount to the satisfaction of the court concerned and the court concerned shall take an undertaking from the sureties that the properties movable/immovable which are the basis of accepting the surety, shall not be disposed of by them during the pendency of the trial 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.
(v) The applicant shall surrender his passport, if any, before the trial court & shall furnish an undertaking not to leave the country until permission is obtained by him from this Court or till the conclusion of the trial.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of six months from the date of production of a certified copy of this order, if, there is no legal impediment.
The case of the applicant is distinguishable from the case of co-accused Greesh.
Order Date :- 6.12.2019 NS