Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28415 of 2018 Applicant :- Asha Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Dr. C.P. Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in case crime no.76 of 2017, under Sections 498A, 304B and 201 IPC and Section 3/4 of the Dowry Prohibition Act Police Station-Chandpur, District-Fatehpur is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is the mother-in- law of the deceased. The FIR was registered by the first informant, father of the deceased against eight accused persons including the applicant on 11.04.2017. The allegation is that the deceased was subjected to cruelty and harassment by the members of her matrimonial house in connection with the demand of dowry and due to non-fulfilment of demand of dowry, she was mentally and physically tortured till her death. General and generic role has been assigned to all the accused persons including the husband, who is languishing in jail. The role of the applicant is distinguishable from the husband. The applicant is an old lady aged about 60 years. The next contention is that the co-accused persons namely Tarunarshi Shekhar Raj and Ram Prasad Verma have already been granted bail by this Court on 03.04.2018 and 31.05.2018 respectively, copies of which have been annexed as Annexure No. 7 to the bail application. In this continuation, parity has also been claimed by saying that the case of the applicant also stands on the same footing. The applicant is languishing in jail since 18.06.2018, having no criminal antecedents to her credit.
Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant-Asha Devi, involved in case crime no.76 of 2017, under Sections 498A, 304B and 201 IPC and Section 3/4 of the Dowry Prohibition Act Police Station-Chandpur, District-Fatehpur be released on bail on 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 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 HER COUNSEL. IN CASE OF HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HER 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 HER, 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 HER IN ACCORDANCE WITH LAW.
(v) 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.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on her bail so granted by this court.
Order Date :- 30.7.2018 Sumit S