Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28492 of 2018 Applicant :- Smt. Leela Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Moeez Uddin,Yashvant Ray Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Vakalatnama filed by learned counsel for the complainant today in the Court is taken on record.
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.349 of 2018, under Section 498A, 304B IPC and Section 3/4 of the Dowry Prohibition Act Police Station-Naini, District-Allahabad is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the FIR was lodged by the first informant, father of the deceased against the applicant and five other family members. The allegation is that the deceased was subjected to cruelty and mentally tortured by the accused persons in connection with the demand of four wheeler as an additional dowry and due to non-fulfilment of the said demand, she was tortured till her death. The applicant is the mother-in-law of the deceased. As per post mortem report, the cause of death is Asphyxia as a result of ante mortem hanging. The further contention is that there is no suicide note or dying declaration of the deceased on record. The case of the applicant is distinguishable from the husband. It is next contended that co-accused Ravi Chandra Kannaujiya(father-in-law) has been granted bail by this Court on 18.07.2018 in Criminal Misc. Bail Application No. 26734 of 2018. In this continuation, parity has also been claimed by saying that the case of the applicant also stands on the same footing. The applicant is in jail since 30.03.2018, having no criminal antecedents to her credit.
Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Keeping in view the relationship of the applicant with the deceased, submissions of the learned counsel for the parties and considering the fact that co-accused has been granted bail, I am of the view that the applicant has made out a case for bail.
Let the applicant-Smt. Leela Devi, involved in case crime no.349 of 2018, under Section 498A, 304B IPC and Section 3/4 of the Dowry Prohibition Act Police Station-Naini, District-Allahabad 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 HIS COUNSEL. IN CASE OF HIS ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM UNDER SECTION 229-A IPC.
(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., 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 HIM, 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 HIM 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 his bail so granted by this court.
Order Date :- 31.7.2018 Sumit S