Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23348 of 2019 Applicant :- Aashiya @ Sakeera Khatoon Opposite Party :- State Of U.P.
Counsel for Applicant :- S.M. Iqbal Hasan Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. S.M. Iqbal Hasan, learned counsel for the applicant and Mohd. Shoaib Khan, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant- Aashiya @ Sakeera Khatoon with a prayer to enlarge him on bail in Case Crime No. 63 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station-Pathra Bazar, District- Siddhartha Nagar, during the pendency of the trial.
It has been argued by the learned counsel for the applicant as per the allegations made in the F.I.R., daughter of the informant, Sharjahan was married to the son of the applicant, namely, Matiullah on 27.10.2018 and due to non fulfilment of the demand of dowry i.e. motor-cycle and Rs. four lakhs cash, it is alleged that she was done to death by applicant who is mother-in-law of the deceased along with other co-accused i.e. father-in-law and husband by sprinkling kerosene upon her and setting her ablaze.
It is argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. The applicant-accused has been living separately along with her husband, namely, Shaffiullah/Bashiullah from his son in Mumbai regarding which an electricity bill & ration-card of her husband are annexed at page nos. 70 and 71 of the paper book. She never made any demand of dowry from the deceased or her parents. There is no dying-declaration. It has further been argued by the learned counsel for the applicant that the co-accused, who is father-in-law of the deceased i.e. husband of the applicant has already been enlarged on bail by the another Bench this Court vide order dated 5th April, 2019 passed in Criminal Misc. Bail Application No. 10752 of 2019. The case of the present applicant is similar and identical to that of the aforesaid co-accused. As such the present applicant is liable to be enlarged on bail. The applicant has no criminal antecedents to her credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 16th December, 2018.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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.
(Manju Rani Chauhan, J.) Order Date :- 4.6.2019 Sushil/-