Court No. - 3
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39808 of 2018 Applicant :- Gudia Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Sri Karunesh Pratap Singh, learned counsel for the applicant, Sri Arvind Yadav, learned counsel for the complainant, Sri J.K. Sisodia, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Gudia Devi seeking enlargement on bail during the trial in connection with Case Crime No. 363 of 2018, under Sections 147, 148, 149, 302, 504, 506 & 34 I.P.C, Police Station Sahjanwa, District Gorakhpur.
As per prosecution case, there was small monetary dispute between the accused persons and the deceased Usman. It is said that the accused persons had gone to the house of Usman where they abused Usman resulting some altercation between the parties. It is further alleged that the applicant Gudia along with accused Ram Ji, Rajendra and Urmila have thrown the deceased on the ground but the main accused Babloo & Rajesh caused injuries on the neck of the deceased by sharp edged weapon as a result of which he died. Learned counsel for the applicant submits that but for pushing and throwing the deceased on the ground, no role has been attributed to the applicant. The main accused are Babloo and Rakesh, who committed the murder of the deceased and it was not within the knowledge of the applicant that the main accused persons were carrying any sharp edged weapon.
Learned counsel lastly submits that the applicant is a lady aged about 32 years having two small children and if she is not enlarged on bail, her entire family would be in difficulty.
On the other hand, learned counsel for the complainant and learned A.G.A. oppose the application for bail.
Considering the nature of allegations against the applicant and further considering the fact that the applicant is a lady having two small children without further commenting on merit, I am inclined to release the applicant on bail.
Let the applicant Gudia Devi be released on bail in the aforesaid case crime number on furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand) 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/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 I.P.C.
(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 I.P.C.
(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/her in accordance with law.
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.
Needless to state that the trial court shall make all endeavour for early disposal of the trial and it is expected from the accused persons to cooperate in the same.
Order Date :- 27.10.2018 S.K.