1. Heard Sri Aman Kumar Shrivastav, learned counsel for applicant as well as learned A.G.A.
2. This bail application has been filed by the applicant who is an accused in Case Crime No. 270 of 2018, U/S 302, 328 I.P.C., P.S. Imliya Sultanpur, District - Sitapur.
3. It has been submitted by learned counsel for applicant that the said F.I.R. was lodged by the father of the deceased stating that his son was married to the applicant and her conduct with the parents and husband was not proper and she was also constantly fighting with her husband and in-laws. It has been stated that on the date of incident, the deceased had gone along with the applicant to his in-laws house for certain function where he was administered poison and done to death.
4. The post-mortem-report indicates that there was one cranial injury on his head resulting in hematone in below right cerebral cortex and the visra was preserved. Subsequently, the F.S.L. report so indicates the presence of poisonous substance which was administered to the deceased which caused his death.
5. Learned counsel for applicant submits that in the meanwhile the investigation was concluded and chargesheet has been filed. It is submitted that during investigation there is no evidence which can indicate that the applicant administered poison to her husband. All the witnesses, most of them are family members of the deceased including his father and brother don't have good relations with the applicant and her family members but there is not a single witness or evidence which has come up during investigation which can implicate the applicant in the said incident.
6. It is submitted by learned counsel for applicant that applicant is languishing in jail since 11.08.2020. It has been submitted that the applicant has one minor child and she being a lady is entitled for the benefit of Section 437 Cr.P.C. The counsel contends that there is no possibility of the applicant fleeing away from justice or tampering with the witnesses. In case the applicant is enlarged on bail, she shall not misuse the liberty of bail.
7. Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
8. Considering the facts and circumstances of the case also considering the facts that the applicant is an accused of murdering her husband and also that he was administered poison and there is no evidence come up as to who has administered the poison and the investigation has been concluded and also that the applicant has a minor child and also entitled for the benefit of Section 437 Cr.P.C and perusing the record, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
9. Let applicant/Kajal @ Anita be released on bail in the aforesaid case on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) The applicant shall file an undertaking to the effect that he 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him 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 his 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 him, 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 him in accordance with law.
10. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
11. The application stands disposed of.
12. This order shall not influence the trial court for proceeding in the trial.
13. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
14. The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Alok Mathur, J.) Order Date :- 17.8.2021 Ravi/