Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Judicature at Allahabad
  4. /
  5. 2018
  6. /
  7. January

Smt Guddi Devi vs State Of U P

High Court Of Judicature at Allahabad|28 August, 2018
|

JUDGMENT / ORDER

Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32706 of 2018 Applicant :- Smt. Guddi Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Vivek Shandilya Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant, who is involved in Case Crime No. 83 of 2018, under Sections 498-A, 304-B IPC and 3/4 of the Dowry Prohibition Act, Police Station- Kuthond, District- Jalaun, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is mother-in-law. It is submitted by the learned counsel for the applicant that delayed FIR of 7 days was lodged by the informant levelling general allegations of dowry, harassment and killing her daughter by the accused person. It is next contended that on an earlier occasion the informant give information to the police which was registered as GD No. 13 dated 17.04.2018 at 9:09 hours at Police Station- Kuthond, District - Jalaun regarding commission of the suicide by her daughter. Learned counsel for the applicant states that just prior to the marriage deceased fled away with two other persons to which a FIR was registered on 18.05.2017 under Section 366 IPC and after recovery this marriage was solemnized on 5.06.2017. The deceased was not at all interest in getting this marriage but perforce to her father she was forced to marry with Bhagwan Singh @ Mithun Lal and this was the sole cause of which she has taken extreme step. Out of this wedlock, there is one baby girl who is living with the applicant. The applicant herself is aged lady of more than 60 years and the future of the baby girl is on the stake. The applicant is in jail since 11.07.2018, having no criminal antecedents to his credit.
Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Keeping in view the circumstances that she appears to have committed suicide and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant-Guddi Devi, be released on bail in Case Crime No.83 of 2018, under Sections 498-A, 304-B IPC and 3/4 of the Dowry Prohibition Act, Police Station- Kuthond, District-Jalaun on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) 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.
(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS COUNSEL. IN CASE OF HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM UNDER SECTION 229-A IPC.
(iii) 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 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 HIM 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 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 :- 28.8.2018 S. Thakur
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Smt Guddi Devi vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
28 August, 2018
Judges
  • Rahul Chaturvedi
Advocates
  • Vivek Shandilya