Raju Gupta v. State of U.P. Thru. Prin. Secy. Home

Court No. - 8 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 992 of 2023 Applicant :- Raju Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Counsel for Applicant :- Avinash Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.

¶1Heard Mr. Avinash Singh, learned counsel for the accused-applicant, as well as Mr. Manish V.S. Chauhan, learned Additional Government Advocate, on this 2nd application for bail, and gone through the entire record. The earlier bail application of the accused-applicant is said to have been rejected by this Court as not-pressed vide order dated 29.11.2022 passed in Criminal Misc. Bail Application No.15170 of 2021.

¶2By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.089 of 2021, under Sections 306 and 498-A IPC, lodged at Police Station Kotwali Gaisari, District Balrampur.

¶3The deceased, being aggrieved by misbehaviour and ill-treatment of the accused-applicant, had committed suicide by drowning herself in a bond. The accused-applicant and the deceased were married for more than ten years ago. There is a son out of wedlock, who is around nine years old. Three witnesses of fact have already been examined. The accused-applicant has been languishing in jail since 09.11.2021. The trial is yet to be concluded.

¶4Considering the fact that three witnesses of fact have already been examined, offence relates to Section 306 and 498-A IPC, and the accused-applicant has been languishing in jail since 09.11.2021, I find it to be a fit case for grant of bail.

¶5Let applicant-Raju Gupta, 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 :- 6.7.2023 MVS/- High Court of Judicature at Allahabad, Lucknow Bench