Chandrakant Shukla @ Babloo v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22626 of 2023 Applicant :- Chandrakant Shukla @ Babloo Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Singh,Anil Kumar Dubey,Ram Milan Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard Sri Arun Kumar and Ram Milan Dwivedi, learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶2Learned counsel for the applicant submits that the F.I.R. of the instant case has been lodged under Sections 498A, 328, 302 I.P.C. pursuant to the order passed on an application under Section 156

(3) Cr.P.C. which application itself was filed on 01.07.2022 with regard to the incident alleged to have taken place on 20.06.2022, in which during the course of investigation case was converted into Sections 306 and 498A I.P.C. and Sections 302 and 328 I.P.C. have been dropped since no offence was found against the applicant in the said Sections. Learned counsel further submits that the applicant is the husband of the deceased, whose marriage was solemnised 20 years back and out of the said wedlock, four daughters were born and therefore, there is no question of tormenting the deceased. Learned counsel has drawn attention of this Court to the statement of Km. Anjali the elder daughter of the deceased-applicant, copy of which is annexed as Annexure-7 to the affidavit accompanying the bail application, and has argued that perusal of her statement shows that the ingredients of Section 306 I.P.C. is not evident against the applicant and therefore the applicant has been falsely roped in the present case merely on the ground that the applicant is the husband of the deceased. He further submits that since the deceased could not give birth to a male child on account of which, she was living under depression therefore, the deceased has committed suicide. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 26.09.2022, having no criminal history.

¶3Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

¶4After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

¶5Let applicant Chandrakant Shukla @ Babloo involved in Case Crime No. 651 of 2022 under Sections 306, 498A, I.P.C., Police Station Kotwali Nagar, District Banda, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

¶6The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail in accordance with law.

¶7The bail application is allowed. Order Date :- 28.10.2023 S.Ali High Court of Judicature at Allahabad