Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32434 of 2021 Applicant :- Beena Rai Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag Vajpeyi,Atharva Dixit Counsel for Opposite Party :- G.A.,Amit Daga
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State as well as Sri Amit Daga, learned counsel for the informant and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge her on bail in Case Crime No. 166 of 2021, under Sections 304B, 498A, 323, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Sector- 39 Noida, District Gautam Budh Nagar.
Learned counsel for the applicant submits that three persons were named in the first information report. The role of administering medicine due to which she died, has been levelled against the husband of the deceased and the co-accused Mahendra Lal father-in-law of the deceased, has been granted bail by co-ordinate Bench of this Court vide order dated 04.10.2021 in Criminal Misc. Bail Application No. 31930 of 2021, the applicant is mother-in-law of the deceased, therefore, she is entitled for bail on the ground of parity. 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. It is next contended that there is no criminal history of the applicant and she is languishing in jail since 08.04.2021.
Per contra, learned A.G.A. as well learned counsel for the informant has opposed the bail prayer of the applicant but could not dispute the aforesaid fact that co-accused has already been released on bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, enlargement of co-accused Mahendra Lal on bail, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Beena Rai involved in aforesaid case crime be released on bail on her furnishing a personal bond and two local sureties (one of the sureties of the applicant will be his family member and the other should be of local persons) each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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 I.P.C.
(V) 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 and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 25.10.2021 Israr