Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25658 of 2021 Applicant :- Jugga Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Vinod Kumar Sharma,Shiv Vilas Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 404 of 2019 under Sections 498A, 304 B, 328 IPC and 3/4 D.P. Act, Police Station - Campierganj, District - Gorakhpur with the prayer to enlarge the applicant on bail.
The First Information Report of this incident was lodged by the complainant Subedar Chaudhary about the unnatural death of his daughter Seema, who was married with accused Harinder Singh in June, 2019 and it was alleged in the report that after the marriage the in-laws as well as the husband of the deceased were harassing her in connection with the demand of additional dowry. It was further alleged that the daughter of the complainant had consumed poison and died on 11.12.2019 as was told by the samadhi of the complainant.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted that there are general allegations of demand of dowry alleged in the FIR against all the accused. The learned counsel further submits that there was no external injury on the person of the deceased when she was medically examined and the doctor could not ascertain the cause of death, but later on, it was found in the report of the Forensic Science Laboratory that the deceased consumed alumunium phosphide. The learned counsel for the applicant also submits that the present accused is 61 years of old lady and is suffering from various age related ailments. Lastly, it is argued that the applicant is in jail since 2.4.2021 and that in case applicant is enlarged on bail, she will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Jugga Devi involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and 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 her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against her, 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.7.2021 LBY