Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40151 of 2018 Applicant :- Smt. Naseeb Bano Opposite Party :- State Of U.P. Counsel for Applicant :- V.K. Agnihotri Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. V. K. Agnihotri, learned counsel for the applicant and learned A.G.A. for the State.
Supplementary affidavit filed on behalf of the applicant today in Court is taken on record.
This application for bail has been filed by the applicant-Smt. Naseeb Bano seeking her enlargement on bail in Case Crime No. 214 of 2018 under Sections 498A and 304B I.P.C. and Section 3/4 D. P. Act, Police Station- Manda, District-Allahabad during the pendency of the trial.
From the record, it appears that the marriage of the brother of the applicant, namely, Ashique Ali was solemnized with Sahista Bibi @ Kallu on 04.12.2013. However, after the expiry of a period of four years from the date of marriage of the brother of the applicant, an unfortunate incident occurred on 31.07.2018 in which the 'Bhabhi' of the applicant, i.e., the wife of the brother of the applicant died as she committed suicide by hanging herself. The inquest on the body of the deceased was conducted on 01.08.2018 not on the information given by the applicant or any of the family of the brother of the applicant but on the information given by the father of the deceased. According to the Panch witnesses, the death of the deceased was said to be homicidal. The first information report in respect of the aforesaid incident was lodged on 01.08.2018 by the father of the deceased which came to be registered as Case Crime No.0214 of 2018 under Sections 498A and 304B I.P.C. and Section 3/4 D. P. Act, P.S.- Manda, District-Allahabad.
In the aforesaid F.I.R., four persons, namely, Badru Nisha (the mother-in- law), Noor Bano (the Devrani), Naseeb Bano (the Nanad) and Ashif Ali (the husband) were nominated as the named accused. The post-mortem of the body of the deceased was conducted on 01.08.2018. The Doctor, who conducted the autopsy on the body of the deceased opined that the cause of death of the deceased was due to ante-mortem hanging. The Police upon completion of the statutory investigation of the aforesaid case crime number has submitted a charge-sheet dated 29.09.2018 against all the four named accused. According to the learned counsel for the applicant, the court concerned has not taken cognizance upon the submission of the charge-sheet till date.
Learned counsel for the applicant submits that the applicant is the married Nanad of the deceased. The applicant is aged about 32 years. The applicant is also the mother of four children, who are said to be minors. The present applicant is residing separately at her matrimonial house at Mirzapur. The applicant could not have even abetted in the commission of the crime. The applicant is in jail since 02.08.2018 having no criminal antecedents on her credit except the present one. Upto this stage, there is no such evidence on the record, on the basis of which it can be said that the present applicant has committed any such act on the basis of which the deceased was forced to commit suicide. He further submits that the deceased was a short tempered lady and she had taken the extreme step of committing suicide by hanging herself. Except for the ligature mark no other external injury was found on the body of the deceased. On the aforesaid factual premise, it is urged by the learned counsel for the applicant that the present applicant is liable to be enlarged on bail.
Per contra, the learned AGA has opposed the prayer for bail. He submits that the applicant is the charge-sheeted accused and therefore, the applicant is not liable to be enlarged on bail. However, the learned A.G.A. could not dispute the factual and legal submissions made by learned counsel for the applicant.
Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon consideration of the evidence on record as well as the complicity of the applicant but without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail. Accordingly, the bail application of the applicant is allowed.
Let the applicant-Smt. Naseeb Bano be released on bail in the aforesaid case crime number 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under section 229-A I.P.C.
(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., 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 her, in accordance with law, under section 174-A I.P.C.
(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 her 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 her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 31.10.2018 YK