Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30445 of 2020 Applicant :- Smt. Atarrani Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Kishor Gupta,Shiv Shankar Gupta,Sunil Kumar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
1. Order on Exemption Application No. 1 of 2020.
Heard.
The exemption application is allowed.
2. Order on Bail Application.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 60 of 2020 under Sections 498A, 304B IPC and 3/4 Dowry Prohibition Act, Police Station - Jalalpur, District - Hamirpur with the prayer to enlarge the applicant on bail.
The FIR of this incident was lodged by the complainant against the accused persons and it was alleged in the FIR that the complainant's sister namely Rani aged about 20 years was killed by her in-laws for non- fulfillment of the additional demand of dowry.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and she has been falsely implicated in the present case. It is submitted that the present accused is mother-in-law of the deceased and general allegation of demand of dowry has been levelled against all the accused persons who are in-laws of the deceased. It is also submitted that the deceased has died to ante-mortem hanging. Further submission is that the present accused applicant was living separately from the deceased and her husband, which is evident from the Ration Card, a photostat copy of which is annexed at page No. 7 of the supplementary affidavit. Lastly, it is argued that the applicant is in jail since 3.06.2020 and that in case applicant is enlarged on bail, she will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Smt. Atarrani involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and 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 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 of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure her 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 may initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.7.2021 LBY