Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51396 of 2019 Applicant :- Smt. Mahadevi @ Meera Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Janmed Kumar Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, the learned AGA for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 149 of 2019, under Sections 498-A,304-B I.P.C. with Section 3/4 of the Dowry Prohibition Act, Police Station Etmadaula, District Agra with the prayer to enlarge her on bail.
Learned counsel for the applicant has pressed the prayer for bail on the ground of parity and has referred to the orders passed on Criminal Misc. Bail Application No. 47256 of 2019 in terms of which the husband of the present applicant (father-in-law) has been enlarged on bail. Learned AGA does not dispute the fact that the applicant herein stands placed on similar footing as the applicant in the aforementioned bail application.
Accordingly and for the reasons assigned in the aforementioned order, let the applicant Smt. Mahadevi alias Meera Devi be enlarged on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the Court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of her absence, without sufficient cause, the Trial Court may proceed against her under Section 229-A of the Indian Penal Code.
(iv) 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 her, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) 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.
Order Date :- 28.11.2019 LA/-