Chander Pal v. State of U.P. Thru. Secy. Home Lko

Court No. - 8 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7290 of 2023 Applicant :- Chander Pal Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2The present bail application under Section 439 Cr.P.C. has been filed by the applicant seeking bail in FIR No.200 of 2022 under Sections 306, 323, 506 IPC, Police Station Sandila, District Hardoi.

¶3As per allegation in the first information report the accused-applicant used to molest and harass the deceased, aged around 17 years, whenever she would go out of her house. Feeling humiliated, harassed and tortured the deceased committed suicide. There are statements of independent witnesses who had said that the accused-applicant used to molest the deceased.

¶4Now, four witnesses of fact have been examined. Out of the four witnesses, three have not supported the prosecution case. The accused-applicant has been in jail since 29.05.2022.

¶5Considering the facts and circumstances of the case, three prosecution witnesses have not supported the prosecution case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

¶6Let applicant Chander Pal be released on bail in the aforesaid case on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/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 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. Order Date :- 31.5.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench