Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31687 of 2018 Applicant :- Smt Bhagwati Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No.467 of 2018 under sections 498A, 304 I.P.C. and 3/4 D.P. Act, PS. Majhola, District Moradabad is seeking enlargement on bail during the trial.
Learned counsel for the applicant submits that the applicant is mother-in-law. The marriage of the son of the applicant was solemenised about seven years back and during this period she could not conceive for which all treatment was provided by the applicant but all efforts went in vein and on account of this she was suffering from depression. Due to mental sickness and frustration she went on the roof and after bolting the door from inside and pouring kerosene upon herself set herself at ablaze and in burning position she jumped from roof top. This has come into the statement of the Investigating Officer Vikas Saxena (annexure-1). The attending Doctor S.N.Tiwari has given the statement that the deceased was suffering from INDOGENOUS Depression i.e. she had developed the suicidal tendency that relates to unfortunate death. He further submitted that there was no intention to suggest that she was subjected to any dowry and harassment. iImediately after the occurrence has taken place, the applicant had taken her daughter to the hospital. He lastly submitted that the applicant who is in jail since 17.5.2018. It is also urged that the co-accused Tribhuvan Kaandpal (husband) and Bhairav Dutt Kaandpal (father in law) of the deceased have already been enlarged on bail by this Court vide orders dated 26.9.2018 and 16.8.2018. It is thus submitted that the case of the present applicant is similar and identical to the aforesaid co-accused, therefore, the present applicant is liable to be enlarged on bail.
Per contra learned AGA opposed the prayer for bail but could not dispute the aforementioned facts.
Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.
In view of the above, let the applicant- Smt Bhagwati be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No.467 of 2018 under section 498A, 304-B I.P.C. PS.Majhola, District Moradabad with the following conditions:-
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE 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 HIS/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/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 HIM/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 THE HIM/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 his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 31.10.2018/Arshad