Mahaveer vs State Of U.P.

Rajeev Misra, J

Heard Mr. Bhanu Prakash Verma, learned counsel for applicant, learned A.G.A. for State and Mr. Bindeshwari Prashad Mishra, Avocate, who has filed his vakalatnama on behalf of first informant in Court today, which is taken on record.

Perused the record.

This bail application has been filed by applicant-Mahaveer seeking his enlargement on bail in Case Crime No.681 of 2021 under Section 306 I.P.C., Police Station-Kosi Kalan, District-Mathura during pendency of trial.

Learned counsel for applicant contends that applicant is husband of deceased. Marriage of applicant and deceased was soleminized 15 years ago. It is next contended that from the wedlock of applicant and deceased, two children namely Jitendra and Prashant, aged about 13 and 11 years respectively were born. From perusal of F.I.R., it is explicitly clear that no instigation, abatement or conspiracy is made out against applicant. Jitendra and Prashant have been examined under Section 161 Cr.P.C but they not implicated applicant. He lastly contends that none of the ingredients of Section 306 I.P.C. are satisfied in the present case against applicant. The Applicant is in jail since 08.09.2021. On the aforesaid factual premise, it is thus urged that present criminal proceedings initiated by first informant are malicious. As such, applicant is liable to be enlarged on bail by this court

Per contra, learned A.G.A. and Mr. Bindeshwari Prashad Mishra, learned counsel representing first informant have jointly opposed the present application. They submit that applicant is husband of deceased. Death of deceased occurred in the house of applicant. From the perusal of F.I.R. an offence under Section 306 I.PC. is clearly made out against applicant. On the aforesaid premise, learned A.G.A. submits that no indulgence is liable to be extended by this Court in favour of applicant.

Having heard learned counsel for applicant, learned A.G.A. for State, Mr. Bindeshwari Prashad Mishra, learned counsel representing first informant and upon perusal of material brought on record this Court finds that marriage of applicant and deceased was solemnized 15 years ago. From the wedlock of applicant and deceased two children were born. Statements of both the children were recorded by Investigating Officer under Section 161 Cr.P.C., who have not implicated the applicant. Apart from above, none of the ingredients of instigation, abatement or conspiracy can be gathered against applicant from the F.I.R. In view of above I am of the view that applicant has made out a case for bail.

Accordingly bail application is allowed.

Let the applicant- Mahaveer involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. 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.

(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 party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.