Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52157 of 2019 Applicant :- Smt. Munni Devi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Darwari Lal Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for applicants, learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicants, Smt. Munni Devi and Ratan Lal, who are involved in Case Crime No.870 of 2018, under Sections 498-A, 304-B and 316 I.P.C. and 3/4 of D.P. Act, P.S.- Bahedi, District- Bareily.
Learned counsel for the applicants in support of their prayer for bail submits that the applicants are father-in-law and mother-in- law of the deceased. They are innocent and they have been falsely implicated in the present case. They have not committed any offence as alleged in the F.I.R.. Chargesheet has been submitted on 14.12.2018.
It is also submitted that the co-accused Vinod Kumar, who is husband of the deceased, has already been granted bail by this Court vide order dated 23.04.2019 passed in Criminal Misc. Bail Application No. 10530 of 2019, therefore, the applicants are also entitled to be released on bail. The applicants have no criminal history as stated in para-18 of the bail application. The applicants are in jail since 04.11.2019.
Learned Additional Government Advocate appearing on behalf of the State-respondent has vehemently opposed the bail application but not contradicted the aforesaid facts.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicants, Smt. Munni Devi and Ratan Lal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i). The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;
(iii). 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 shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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 his bail and proceed against him in accordance with law.
Order Date :- 28.11.2019 Asha