Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24473 of 2018 Applicant :- Kamla Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Anshu Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in case crime no.243 of 2018, under Sections 498A, 304B IPC and Section 3/4 of the Dowry Prohibition Act Police Station-Phaphund, District-Auraiya is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is the mother-in- law of the deceased. The FIR was registered by one Gajraj Singh, father of the deceased against the applicant and five other family members on 07.04.2018. The allegation levelled in the FIR is that the deceased was subjected to cruelty and harassment by her in-laws in connection with the demand of additional dowry. General and generic role has been assigned to all the family members. As per the report of the doctor, deceased died due to Septicaemia on account of lung disease. The statement of the doctor is annexed as Annexure No. 5 to the bail application in which he has categorically stated that on account of tuberculosis, her lung got affected and that is the cause of her death which has been represented in the shape of dowry death. The next contention is that the applicant is an old lady aged about 70 years. The applicant is languishing in jail since 12.04.2018, having no criminal antecedents to her credit. .
Learned A.G.A opposed the prayer for bail and submitted that there are certain injuries over the body of the deceased but they are not the real cause of her death.
Keeping in view the relationship of the applicant with the deceased, nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant-Kamla Devi, involved in case crime no.243 of 2018, under Sections 498A, 304B IPC and Section 3/4 of the Dowry Prohibition Act Police Station-Phaphund, District-Auraiya be released on bail on furnishing a personal bond 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 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 HER COUNSEL. IN CASE OF HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HER UNDER SECTION 229-A IPC.
(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., 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 HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(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 HER IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on her bail so granted by this court.
Order Date :- 30.7.2018 Sumit S