Nagina Singh v. State of U.P. Thru Prin. Secy. Ministry of Home Affairs, U.P. Lko

Court No. - 8 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6973 of 2023 Applicant :- Nagina Singh Opposite Party :- State Of U.P. Thru Prin. Secy. Ministry Of Home Affairs, U.P. Lko. Counsel for Applicant :- Ajay Singh,Sameer Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.

¶1Heard Shri Ajay Singh, learned counsel for the accused-applicant and Shri Ashwani Kumar Singh, learned A.G.A. for the State-respondents.

¶2The present short term bail application under Section 439 Cr.P.C. has been filed on behalf of the accused applicant in Case Crime No.19 of 2022, under Sections 302, 406 and 120B I.P.C., Police Station-Millarea, District-Raebareli, with the prayer to enlarge him on short term bail.

¶3Learned counsel for the applicant submits that accused-applicant's wife has been diagnosed with multiple fibroids in her Uterus and she has been referred for her hysterectomy removal. In these circumstances, the applicant is entitled for short term bail. In case of being enlarged on short term bail, he will not misuse the liberty of short term bail.

¶4Learned A.G.A. opposed the prayer for grant of short term bail to the applicant, but he does not dispute the medical conditions of wife of the accused-applicant.

¶5Considering the rival submissions of learned counsel for the accused-applicant and learned A.G.A. and the fact that accused-applicant's wife is to be operated upon, this Court deem it appropriate to enlarge/release the accused-applicant on short term bail for a period of 15 days from the date of his release. The accused-applicant should surrender before the concerned trial court immediately after expiry of 15 days from the date of his release from jail (on or before

20.06.2023).

¶6In view thereof, the present short term bail application is finally disposed of.

¶7Let the accused-applicant-Nagina Singh, who is involved in aforementioned case crime be released on short term bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

(i) 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.

(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 IPC.

(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., 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 IPC.

(iv) 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.

¶8In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. (Dinesh Kumar Singh, J.) Order Date :- 26.5.2023 Piyush/- High Court of Judicature at Allahabad, Lucknow Bench