Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28406 of 2018 Applicant :- Nisha Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinod Kumar Agarwal,Anshul Kumar Singhal Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Vakalatnama filed by Dhirendra Mohan Choudhary, Advocate on behalf of the complainant today in the Court is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 3004 of 2017, under Sections 498A, 304B IPC and Section 3/4 D.P.Act, P.S. Sahibabad, District Ghaziabad is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the FIR was lodged by the first informant, father of the deceased against four accused persons including the applicant on 06.11.2017. As per FIR, the marriage of the deceased was solemnized with brother-in-law(devar) of the applicant on 02.04.2017. The allegation is that the deceased was subjected to cruelty and harassment by the members of her matrimonial house in connection with the demand of Rs. one lac and eleven thousand as an additional dowry and on account of this, she committed suicide by hanging herself. The applicant is the sister-in-law(jethani) of the deceased. General and generic role has been attributed to all the family members. Learned counsel next submitted that the applicant resides separately. To buttress his contention, learned counsel has relied upon Annexure No. 3 i.e. Ration Card which shows that the applicant resides separately. She cannot be said to be the beneficiary of the additional demand of dowry. There is no likelihood of early conclusion of the trial. The applicant is in jail since 02.07.2018, having no criminal antecedents to her credit.
Per contra, learned A.G.A opposed the prayer for bail but could not dispute the aforementioned facts.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.
In view of the above, let the applicant-Nisha be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 3004 of 2017, under Sections 498A, 304B IPC and Section 3/4 D.P.Act, P.S. Sahibabad, District Ghaziabad with the following conditions:-
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/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 HIS/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/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 HIM/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(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 THE HIM/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 his/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 :- 30.7.2018 Sumit S