Allahabad High CourtRajul @ Raju Saroj vs State Of U.P. on 17 October, 2016Author:Ashwani Kumar MishraBench:Ashwani Kumar MishraHIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35100 of 2016
 

 
Applicant :- Rajul @ Raju Saroj
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Shravan Kumar Singh
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Ashwani Kumar Mishra, J.Heard learned counsel for the applicant and the learned A.G.A for the State and perused the record.The present bail application has been filed by the applicant in Case Crime No. 286 of 2016, underSection 306I.P.C, Police Station - Puramufti, District - Allahabad, with the prayer to enlarge him on bail.It is contented by learned counsel for applicants that three children were born out of applicant's wedlock with the deceased, who had died an accidental death after 14 years of their marriage. It is further contended by the learned counsel for the applicant that there was no prior allegation of harassment with the deceased. It has been submitted that the applicant is innocent with no previous criminal history and is in jail and, in case he is enlarged on bail, he will not misuse the liberty of bail.Learned A.G.A has opposed the prayer for grant of bail to the applicant, but could not point out anything material to the contrary.Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail on the ground of parity.Let the applicant - Rajul @ Raju Saroj be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice :-i. The applicant shall not tamper with the evidence or threaten the witnesses.ii. 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.iii. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case case of his absence, without sufficient cause, the trial court may proceed against him underSection 229-Aof the Indian Penal Code.iv. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation underSection 82Cr.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, underSection 174-Aof the Indian Penal Code.v. 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 underSection 313Cr.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 :- 17.10.2016.Vinod.