Aman Maseeh v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 8 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 801 of 2023 Applicant :- Aman Maseeh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Upendra Kumar Sagar,Shakti Pratap Diwedi Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.

¶1Heard learned counsel for the accused-applicant as well as Mr. Brijendra Vikram Singh, learned Additional Government Advocate, on this 3rd bail application, and gone through the entire record.

¶2By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0303 of 2020, under Sections 498-A and 304-B IPC read with Section 3/4 Dowry Prohibition Act lodged at Police Station Bazarkhala, District Lucknow.

¶3The first information report of the case was lodged by the brother of the deceased, alleging that his sister was married to the applicant in the year 2019 and she had been murdered by her in-laws. The deceased has died due to hanging. The complainant has further alleged that there was continuous demand of dowry and the deceased was being constantly harassed and tortured by her in-laws.

¶4It is not disputed by the State that all the witnesses of fact have been examined.

¶5It is submitted on behalf of the accused-applicant that the accused-applicant has no other previous criminal history and he has been languishing in jail for the last about three years.

¶6Considering the fact that all the witnesses of fact have been examined, long incarceration of the accused-applicant in jail and without commenting upon merit of the case, I find it to be a fit case for grant of bail.

¶7Let applicant-Aman Maseeh, accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-

(i) the applicant(s) 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(s) 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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and

(iv) the applicant(s) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. [D.K. SINGH, J.] Order Date :- 23.5.2023 MVS/- High Court of Judicature at Allahabad, Lucknow Bench