Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35953 of 2018 Applicant :- Smt. Divya Opposite Party :- State Of U.P.
Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
As per the prosecution case, informant on returning from duty found his son hanging from a ceiling fan; applicant was an employee of the company where the deceased was working; applicant used to occasionally talk to the deceased on phone; it is alleged that the applicant had refused to marry the deceased and got engaged with Pavan, consequently, deceased committed suicide.
It is urged by learned counsel for the applicant that apart from suspicion that applicant along with co-accused Sudhdir @ Pavan had committed the crime, there is no other evidence; place of the crime is crowded and does not support the prosecution version; deceased committed suicide as applicant refused to marry the deceased; apart from telephone call records, there is no other evidence against the applicant; applicant is the employee of the same company; applicant has no other reported criminal antecedent; applicant is languishing in jail since 9.8.2018. If she released on bail, she will never misuse her liberty and will co-operate in the trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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-Smt. Divya involved in Case Crime No. 625 of 2017, under Sections 302 I.P.C., Police Station Sector-49 Noida, District Gautam Budh Nagar be released on bail on his furnishing a personal bond 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.
Order Date :- 25.9.2018 Saurabh