Amit Kumar Pasi v. State of U.P. Thru. Secy. Home Deptt. Lko

(E-Court) Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12722 of 2023 Applicant :- Amit Kumar Pasi Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Devendra Pratap,Shashank Shekhar Singh Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicant, Sri Onkar Nath Pandey, learned Brief Holder of Sri G.D. Bhatt, learned A.G.A. for the State and perused record.

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.0067 of 2023 under Section 306, IPC, PS Atrauli, district Hardoi.

¶3Learned counsel for the applicant has submitted that brother of deceased lodged report in which he has mentioned that prior to 8 years, his sister was married with Pramod Kumar Pasi. He has further mentioned in the FIR that his sister was harassed by the applicant and her husband and under depression, she committed suicide on 10.2.2023.

¶4Learned counsel for the applicant has invited attention of this Court towards the statement under Section 161 CrPC of the complainant who has improved his version and stated that the applicant had shown the video clip of deceased to the co-accused and for that reason, deceased was under depression and committed suicide. It has been submitted by the learned counsel for the applicant in para-8 of the bail application that no video clip or obscene material has been collected by the Investigating Officer and the same has not been denied in the counter affidavit. He has submitted that I.T. Act is also not invoked which goes to indicate that statement under Section 161 CrPC is not corroborated with any clinching evidence. He has submitted that there is no ingredients of Section 107 IPC and there is no direct evidence indicating that the applicant has abetted the deceased to commit suicide. He has further submitted that co-accused Pramod Kumar Pasi has been granted bail by this Court in NCrl. Misc. Bail application No.12001 of 2023 by a detailed order on 11.10.2023. He has submitted that the applicant has no criminal history and he is in Jail since 27.7.2023.

¶5Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts and the fact that co-accused has been granted bail.

¶6Considering over all facts and circumstances of the case, the argument that there is no corroborative evidence regarding any obscene or video clip and no evidence to that extent is collected by the Investigating Officer, the argument that there is no ingredient of Section 107 IPC, it is a fit case for bail.

¶7Let the applicant, Amit Kumar Pasi be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the 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.

¶8It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 22.12.2023 Rajneesh JR-PS) High Court of Judicature at Allahabad, Lucknow Bench