Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35790 of 2016 Applicant :- Barfi Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Amar Nath Tiwari,Rishi Kant Rai Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri A.N.Tiwari, learned counsel for the applicant, Sri G.P.Singh, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is the mother-in-law of the deceased and has been falsely implicated in the present case. He further submits that the husband of the deceased, namely, Pramod Chauhan is already confined in jail. He further submits that there is no specific allegation or dying declaration against the applicant. The applicant was living separately from the deceased and her husband. The witnesses of fact have turned hostile and have not supported the prosecution case. The applicant has no other reported criminal antecedent. The applicant is in jail since 13.6.2016.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant-Barfi Devi involved in Case Crime No.416 of 2016, under Sections 498A, 304B, 504, 506 I.P.C & 3/4 D.P. Act, Police Station Kotwali, District Deoria be released on on her furnishing a personal bond of Rs.one lac with two sureties (one should be of her family members) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that she 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 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.
(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. 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 her, 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 her in accordance with law.
It is made clear that the order granting bail to the applicant shall not be treated as parity to the other co-accused persons.
The trial Court is directed to expedite the trial and conclude the same preferably within a period of six months from the date of production of a certified copy of this order,if there is no legal impediment.
Order Date :- 26.10.2018 NS