Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42505 of 2020 Applicant :- Smt. Lakshmi Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi,Satish Kumar Mishra Counsel for Opposite Party :- G.A., Jaysingh Yadav
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
This is the second bail application filed by the applicant in Case Crime No. 1612 of 2017 under Sections 306, 506 IPC, Police Station - Kotwali Lalitpur, District - Lalitpur with the prayer to enlarge her on bail.
The FIR of this incident was lodged on 05.07.2017 against two named accused including the present applicant Smt. Lakshmi Devi. It was alleged by the complainant Shiya Rani @ Budwar Wali in the FIR that the present applicant was having illicit relationship with accused Kapil and her husband Deshraj opposed it and forbade the co-accused Kapil from entering his house. It was further alleged in the FIR that thereafter both the present applicant and co-accused Kapil started to harass Desh Raj and that's why he committed suicide.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and she has been falsely implicated in the present case. The new ground raised by the learned counsel for the applicant in this second bail application is that the present accused applicant is a lady and deserves bail on the ground of parity with co-accused Kapil, who has already been granted bail by another bench of this Court, vide order dated 08.09.2021, passed in Criminal Misc. Bail Application No. 665 of 20021, a copy of which submitted by learned counsel for applicant is taken on record of this bail application. It is further submitted that the role assigned to the present accused is similar to the role assigned to the co-accused, who has already been granted bail by a coordinate Bench of this Court. Lastly, it is argued that the applicant is in jail since 03.03.2020 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. But he accepts the bail parity of the present applicant with co-accused.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, considering that the present accused is lady, considering that she has parity with co-accused, and considering all other 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 Smt. Lakshmi 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 her 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 her bail and proceed against her 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 :- 27.10.2021 LBY