Court No. - 2
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13678 of 2020 Applicant :- Smt. Kamla Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Shashi Dhar Pandey,Vidya Dhar Dubey Counsel for Opposite Party :- G.A.,Vishvendra Singh
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the record.
This bail application has been filed on behalf of the applicant in Case Crime No. 99 of 2019, under Sections 498A, 304B, 201 I.P.C. and 3/4 Dowry Prohibition Act, P.S. Iradatnagar, District Agra.
This is second bail application. The first bail application was rejected vide order dated 24.02.2020 passed in Criminal Misc. Bail Application No.
7763 of 2020.
It is submitted that applicant is mother-in-law; co-accused Uday Singh, father-in-law of the deceased, has already been granted bail by coordinate Bench of this Court vide order dated 23.11.2020 in Criminal Misc. Bail Application No. 13476 of 2020; applicant claims parity; applicant is languishing in jail since 30.11.2019, and in case she is enlarged on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant-Smt. Kamla Devi be released on bail in the above case on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her 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 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.
(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 her in accordance with law.
In view of the extraordinary situation prevailing in the State due to Covid- 19, the directions of this Court dated 6.4.2020 passed in Public Interest Litigation No. 564 of 2020 (In re vs. State of U.P.), shall also be complied.
The order reads thus:
"Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused-applicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release."
Order Date :- 30.7.2021 Mukesh Kr.
Digitally signed by Justice Suneet Kumar Date: 2021.07.30 16:39:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad