Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18373 of 2021 Applicant :- Smt. Jyoti Opposite Party :- State of U.P.
Counsel for Applicant :- Dr. Akhilesh Kumar Counsel for Opposite Party :- G.A.,Mohammad Abid Ali
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State through video conferencing and perused the material placed on record.
It is contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is further submitted that earlier one missing report dated 06.11.2020 was lodged and no name was disclosed. Thereafter, F.I.R. dated 07.11.2020 has been lodged and on the basis of suspicion, applicant alongwith her husband was named as accused. It is next submitted that co-accused husband was arrested and in his confessional statement, name of applicant was disclosed. It is stated in the F.I.R. that applicant was having illicit relationship with deceased and ultimately with the help of her husband, she killed the deceased which cannot be accepted. The deceased was lastly seen with the co-accused Banti Thakur (husband of applicant). The applicant does not have any criminal history to her credit. It is next contended by the learned counsel for the applicant that the applicant is in jail since 08.11.2020 and in case she is enlarged on bail, she will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Smt. Jyoti, involved in Case Crime No. 0488 of 2020, under Sections -302, 201 IPC, Police Station- Khatauli, District- Muzaffar Nagar be released on bail on her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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 him under Section 229-A of the Indian Penal Code;
5. 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 shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
6. 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 her bail and proceed against her in accordance with law.
7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court her bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 26.5.2021 Sartaj