The Allahabad High Court has granted conditional interim bail to a Kanpur resident on his assurance that he will marry the victim without dowry after his release from jail.
A Single Bench of Justice Shekhar Kumar Yadav passed this order while hearing a Criminal Misc Bail Application filed by Raja Khan Chudiwala.
Upon query made by the Court whether the applicant is ready to solemnise marriage with the victim, counsel for the applicant submitted that neither the applicant has refused for marriage nor his parents have refused but the victim has given condition for living separately at a separate house, which could not be fulfilled.
Counsel for the applicant has assured the Court that the applicant is still ready to solemnise marriage with the victim without any dowry just immediately after release from jail.
Counsel for the informant/victim has also assured the Court that after marriage, the victim will be living at matrimonial house.
The Court ordered,
Till the next date of listing, the applicant-Raja Khan Chudiwala, involved in the Case under Sections 498A, 376, 406 IPC and 3/4 Dowry Prohibition Act, Police Station Rawatpur, District Kanpur Nagar be released on interim 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 that:
(i) The applicant shall file an undertaking to the effect that he 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.
(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 IPC.
(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, may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.