Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25547 of 2021 Applicant :- Smt. Munni Devi And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicants in Case Crime No. 73 of 2021 under Sections 498A, 304B IPC and 3/4 of D.P. Act, Police Station - Ekdil, District - Etawah with the prayer to enlarge the applicant on bail.
The report of this incident was lodged by the complainant and it was alleged therein that the in-laws of the daughter of the complainant, namely, Ramesh Chandra, Umesh Babu, Munni Devi (the applicant) and Girja Shankar (the applicant) on 09.03.2021 had murdered the deceased, who was married with Ramesh Chandra, the son of the present applicants. It was also alleged that the accused persons i.e. the in-laws of the deceased were harassing the daughter of the complainant in connection with the demand of additional dowry and cruelty was meted out to her by them.
The contention as raised at the Bar by learned counsel for the applicants is that applicants are quite innocent and have been falsely implicated in the present case. It is submitted that the present applicants happen to be mother-in-law and father-in-law of the deceased and they were living separately from the deceased as is evident for their Ration Card annexed at page No. 37 of the paper book of this bail application. It is further submitted that there is general allegation of demand of dowry by the accused persons. No specific role has been assigned to the present applicants. Further submission is that the deceased has died due to hanging. Lastly, it is argued that the applicants are in jail since 31.05.2021 and that in case applicants are enlarged on bail, the will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the 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 applicants Smt. Munni Devi and Girija Shankar 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;
(3). In case, the applicants misuse the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicants 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 their bail and proceed against them 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 :- 27.7.2021 LBY