The Allahabad High Court recently approved conditional bail to a man accused of abetting a woman to commit suicide and has directed his release. The Court also directed the trial court to complete criminal trial within one year.
A single-judge bench of Justice Shekhar Kumar Yadav passed this order while hearing a criminal misc bail application filed by Kamal Singh. The bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the trial in a case under Sections 305, 504, 506 IPC and Section 16/17 of POCSO Act at Police Station Erich, District Jhansi.
Counsel for the applicant submitted that the applicant has been falsely implicated in the case on false facts. The incident took place on November 06, 2020, whereas the first information report has been lodged on November 07, 2020, at about 21.11 hours and no explanation has been mentioned regarding a delay in lodging the first information report. The applicant is aged about 66 years as his date of birth is February 8, 1955.
He further submitted that from a perusal of impugned first information report as well as suicide notice of the deceased, no case under Section 305 IPC is made out against the applicant.
Counsel for the applicant said that the applicant is having no criminal history and in case he will be released on bail, he will not misuse the liberty of bail. The applicant is in jail since November 23, 2020.
On the other hand, A.G.A. as well as Counsel for the informant have vehemently opposed the application for bail of the applicant and submitted that the complainant and his wife have supported the prosecution story.
The applicant came to the house of the informant and started abusing the deceased and also stated that why did you not marry her daughter?
Hearing this, Anjali (the deceased) entered her house and consumed poison, as a result of which, she died.
The Counsel for the parties said that the perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, in particular the age of the applicant, at this stage without commenting on the merits of the case, I find it a fit case for bail.
The Court stated that the applicant-Kamal Singh, who is involved in aforementioned case crime 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 subject to following conditions.
(1) The applicant shall file an undertaking to the effect that the shall not seek any adjournment on the date 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.
(2) The Applicant shall remain present before the trial Court of each date fixed, Either personally or through his Counsel. In case is absence, without sufficient cause, the trial Court may proceed against him under Section 229‐A IPC.
(3) The applicant shall remain present, in person, before the trial Court on date fixed for (i) Opening of the case, (ii) Framing of charge and, (iii) Recording of statement under Section 313 CrPC. 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.
(4) The trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
“In case of breach of any of the above conditions, it shall be a ground for cancellation of bail,” the order ordered.