Heard learned counsel for applicant as well as learned A.G.A. for the State and perused the record.
Learned Counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in this case due to mala fide intention. The applicant is a lady. On 21.05.2020, a quarrel was taken place between the applicant and the complainant in which both sides have sustained injuries. The applicant has also lodged an FIR against the complainant under Sections 323, 504, 506 IPC. No specific role has been assigned to the applicant. Only general role has been assigned. As per the prosecution story, Kiran Yadav had received injuries but there is no mention in the FIR. As per the injury report, the injuries received by Kiran are simple in nature. No incriminating article has been recovered either from the possession of the applicant or on her pointing out. The applicant have five minor children and no one is in the family to take care. The charge-sheet has already been filed in this case. The applicant is in jail since 24.03.2021. The applicant has no criminal history and in case he is released on bail she will not misuse the liberty of bail and will cooperate in trial.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts. Learned A.G.A. has submitted that the applicant and the co-accused had beaten the complainant bitterly and as a result thereof, the compliant has received fracture on the left frontal bone.
Keeping in view the nature of the offence, arguments advanced by learned counsel for the parties and without expressing any opinion on merits and the fact that the applicant is a lady and have four minor children, I am of the view that it is fit case for bail.
Let the applicant Bhagyawati alias Bhanmati be released on bail in Case Crime No.124 of 2020, under Sections 323, 504, 506, 308 IPC, Police Station Subeha, District Barabanki on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(1) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if 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 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;
(3). In case, the applicant misuses the liberty of bail 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.
(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 his bail and proceed against him in accordance with law.
Order Date :- 7.4.2021 akverma