Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32475 of 2018 Applicant :- Parveen Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Joshi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in case crime no.134 of 2018, under Section 306 IPC, Police Station-Mainather, District-Moradabad is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is unmarried sister-in-law(nanad) of the deceased. The FIR was lodged by the complainant, father of the deceased against four accused persons including the applicant. Initially, the FIR was lodged by the complainant under Section 302 IPC but during the course of investigation, it was converted into Section 306 IPC. As per FIR, the marriage of the deceased was solemnized with brother of the applicant eight years back. 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 additional dowry and due to non-fulfilment of the said demand, she was tortured till her death. The FIR was registered by the complainant after three days of the incident but no plausible justification has come forward on behalf of the complainant. Learned counsel has drawn the attention of the Court to the statements of Km. Alisha(6), daughter of the deceased who has attributed the role to each and every family member of the husband. The husband is languishing in jail. The case of the applicant is distinguishable from the husband. The applicant is in jail since 28.05.2018, having no criminal antecedents to her credit.
Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant-Parveen, involved in case crime no.134 of 2018, under Section 306 IPC, Police Station-Mainather, District-Moradabad be released on bail 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 HE 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 IPC.
(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 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 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.
Order Date :- 27.8.2018 Sumit S