Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23368 of 2019 Applicant :- Photo Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Madan Mohan,Parmeshwar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Parmeshwar Yadav, learned counsel for the applicant, Sri Pyush Tripathi, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Photo Devi with a prayer to release him on bail in Case Crime No. 137 of 2018, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Unj, District- Bhadohi, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is mother-in-law of the victim. She is innocent and has been falsely implicated in the present case. As per the version of the F.I.R., which was lodged by the brother of the victim stating therein that the marriage of the victim was solemnized with Sunil Yadav (co-accused) on 27.04.2016. At the time of marriage, dowry was given according to the capacity of her father, but the in-laws of the victim were not satisfied with the dowry given in the marriage and they started harassing and torturing her for demand of additional dowry. On 14.12.2018, she has been done to death by hanging her. In the postmortem report, the cause of death is described as Asphyxia due to anti-mortem hanging. It is next submitted that there are general and vague allegations regarding harassment for demand of dowry against the applicant. The applicant is 65 years old lady and languishing in jail since 13.03.2017. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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 counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant 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 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 him in accordance with law.
Order Date :- 6.6.2019 JK Yadav