Kishor v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42065 of 2023 Applicant :- Kishor Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Naresh,Sakshi Patel,Yogendra Pal Singh Counsel for Opposite Party :- G.A.,Madan Kumar Tiwari Hon'ble Mrs. Renu Agarwal,J.

¶1Supplementary affidavits filed today are taken on record.

¶2Heard Shri Yogendra Pal Singh, learned counsel for the applicant, learned A.G.A. and perused the record. Learned counsel for the informant Shri Madan Kumar Tiwari has not put in appearance though his name was printed in the cause list.

¶3The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.684 of 2023 under Sections 323, 307 IPC Police Station Kwarsi District Aligarh.

¶4Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. The instant proceedings arises out of matrimonial dispute between the parties. Initially the case was registered under Sections 323, 328 and 308 IPC, however charge sheet was submitted against the applicant under Section 323, 307 IPC. The allegation against the applicant is that he administered poison on his wife, however, no Forensic Science Laboratory report/ medical report regarding the aforesaid fact has been submitted till date. It is further submitted that both the parties have entered into compromise. An affidavit of the informant is also brought on record as annexure No. 2 to the supplementary affidavit dated

15.10.2023 wherein she stated that she does not want to proceed further in the matter. Apart from the instant case the applicant has no criminal history. The applicant is languishing in jail since 17.07.2023, in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.

¶5On the other hand, learned AGA has opposed the prayer for bail and submitted that on the basis of video recording of the treatment of the victim charge sheet under Section 307, 323 was submitted and if the applicant is released on bail he will misuse the liberty of bail and will tamper with the evidence .

¶6Considering the facts and circumstances of the case and taking into account that during investigation no prima facie evidence of administring poison is found and no charge sheet is submitted under Section 328 IPC and both the parties have entered into compromise, an affidavit of the informant is also brought on record as annexure No. 2 to the supplementary affidavit dated 15.10.2023 wherein she stated that she does not want to proceed further in the matter and all the allegations against her husband were made under pressure and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

¶7The bail application is allowed.

¶8Let applicant-Kishor be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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.

(v) The applicant shall also furnish 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 till the conclusion of trial.

(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned. (Renu Agarwal,J.) Order Date :- 17.10.2023 Nadeem High Court of Judicature at Allahabad