Mukesh Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt., Lko

Court No. -13 Case :-CRIMINAL MISC. BAIL APPLICATION No. -14833 of 2023 Applicant :-Mukesh Kumar Opposite Party :-State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. Counsel for Applicant :-Prateek Kumar Srivastava Counsel for Opposite Party :-G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. As per the prosecution story in the FIR due to the atrocities committed by the family members of the applicant including the applicant and the beating given by them to the deceased, she informed the complainant on 06.02.2023 at about 1:30 am in the morning that she was being beaten by her in-laws and she has apprehension that they would kill her. After receiving information, when on 07.02.2023, he reached at her place at 8 am, he found her dead. Learned counsel for the applicant submits that prosecution witnesses PW-1, PW-2 and PW-3 have denied the prosecution story. They have not made any allegation against the applicant. Even PW-1 has disputed the contents of the FIR. The applicant being a husband has been falsely implicated. The applicant is languishing in jail since 27.02.2023 without having any criminal antecedent. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the period of incarceration gone into by the applicant; statement of PW-1, PW-2 and PW-3; the fact that the applicant has no criminal antecedent and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant, Mukesh Kumar involved in Case Crime/FIR No. 35/2023, under Sections 498A/306 IPC Police Station -Loni Katra, District -Barabanki, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(iv) 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.

(v) 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.

(vi) 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. Order Date :- 16.12.2023 R.C. High Court of Judicature at Allahabad, Lucknow Bench