Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47513 of 2018 Applicant :- Maya Devi @ Neelam Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Supplementary affidavit filed on behalf of the applicant today in Court is taken on record.
Heard Sri Arvind Kumar, learned counsel for the applicant and learned A.G.A. appearing for the State.
This bail application has been filed by the applicant Maya Devi @ Neelam seeking her enlargement on bail in Case Crime No. 638 of 2017 under Sections 306, 323 IPC, P.S. Chibramau, District Kannauj during the pendency of the trial.
It transpires from the record that upon the death of Ram Tirath, an F.I.R. was lodged on 10.9.2017 by Subhash, who happens to be the Jeeja of the deceased. In the aforesaid F.I.R. two persons, namely, Maya Devi and son-in-law of Maya Devi were nominated as a named accused. The inquest of the deceased was conducted on 8.9.2017 in which the death of the deceased was characterised as suicidal. The post mortem of the body of the deceased was conducted on 10.9.2017. The doctor, who conducted the autopsy on the body of the deceased opined that the cause of death of the deceased is asphyxia as a result of ante-mortem hanging. Apart from ligature mark, two other injuries which are lacerated wounds were also found on the body of the deceased. The Police upon completion of the statutory investigation of the aforesaid case crime number has submitted a charge sheet dated 21.10.2017 against the present applicant.
It has been contended by the learned counsel for the applicant that the applicant is the Bhabhi of the deceased but she is innocent. The applicant is an old lady aged about 55 years. The applicant has no criminal antecedents to her credit except the present one.The F.I.R. has been lodged under Section 306 I.P.C. and the charge sheet has also been submitted under Section 306 I.P.C. However, the proof of charge under Section 306 I.P.C. is subject to the trial evidence. Upto this stage, there is no such evidence on record to show that the applicant has aided, conspired or instigated in the commission of alleged offence. In short, the submission is that there is no abatement on the part of the present applicant in the commission of the alleged crime. He next submitted that the present applicant is the Bhabhi of the deceased as such she is an old lady and, therefore, liable to be enlarged on bail.
Learned A.G.A. opposed the prayer for bail. He submitted that the applicant is not only a named accused but is also a charge sheeted accused. However, learned AGA could not dispute the factual and legal submissions raised by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Maya Devi @ Neelam, involved in Case Crime No. 638 of 2017 under Sections 306, 323 IPC, P.S. Chibramau, District Kannauj be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
(i) The applicant shall file an undertaking to the effect that he 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his 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 him in accordance with law.
Order Date :- 19.12.2018 Manoj