Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18007

of 2022

Applicant :- Sachin

Opposite Party :- State of U.P.

Counsel for Applicant :- Anupam Dubey

Counsel for Opposite Party :- G.A.

Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the applicant, learned AGA for the

State and perused the material placed on record.

It is contended by the learned counsel for the applicant that the

applicant is innocent and he has been falsely implicated in the

present case due to ulterior motive. It is next contended that it is

admitted by the complainant that applicant has given

information about the said incident. It is case of snake bite,

which may also be verified from the postmortem report. As per

post mortem report, injury is punctured wound of size 0.1x0.2

cm on forehead at 4 cm above left eyebrow surrounded by

0.2x0.2 cm colour deceleration and swelling to it. In fact, this

injury is due to snake bite. The cause of death could not be

ascertained, therefore, viscera was preserved and sent for

chemical analysis to Forensic Science Laboratory, Ghaziabad,

but till date report has not been obtained. It is lastly contended

that the applicant is having no criminal history and he is in jail

since 5.9.2020 In case he is enlarged on bail, he will not misuse

the liberty of bail.

Learned A.G.A. has opposed the prayer for bail, but could not

dispute the aforesaid facts.

Considering the material on record as well as the dictum of

Apex Court in the case of Dataram Singh Vs. State of U.P. and

another, reported in (2018) 3 SCC 22, larger mandate of

Article 21 of the Constitution of India, without expressing any

opinion on the merit of the case, let the applicant- Sachin,

involved in Case Crime No. 631 of 2020, under Sections- 498-

A, 304-B IPC and Section 3/4 of D.P. Act, Police Station-

Surajpur, District- Gautam Budh Nagar, be enlarged on bail on

their executing a personal bond and two sureties each in the like

amount to the satisfaction of the court concerned on the

following conditions that:-

(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.

However, It is made clear that in case the applicant indulges in

intimidating or threatening any witness, the State or Prosecutor

would be at liberty to file an application for cancellation of bail.

Order Date :- 25.5.2022

Junaid

Digitally signed by JUNAID AHMAD

Date: 2022.05.25 17:34:44 IST

Reason:

Location: High Court of Judicature

at Allahabad