Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45862 of 2018 Applicant :- Poonam @ Babita Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Sri Rajesh Kumar, learned counsel for applicant- Poonam @ Babita, the learned A.G.A, and perused the record.
Applicant seeks bail in S.T. No. 01 of 2017, arising out of Case Crime no. 185 of 2016, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, P.S. Jagner, District- Agra.
It is submitted that applicant is the Jethani of the deceased, the death is on account of hanging as per the nature and dimension of the ligature mark, allegations are general not attributable to the applicant, he claims to have no previous criminal history, is in jail since 17.9.2016, undertakes not to misuse the liberty of bail, he be enlarged on bail. It is further submitted that the co-acused Rajendra, the husband of the present applicant, has already been enlarged on bail by this Court vide order dated 29.5.2017. The case of the present applicant is identical and similar to that of the co- accused Rajendra as such the applicant is also liable to be enlarged on bail.
Learned A.G.A, has opposed the bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, 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- Poonam @ Babita involved in aforesaid case 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her 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 her 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 her, 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 her in accordance with law.
In case of breach of any of the above conditions, the prosecution would be at liberty to move application for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
It is clarified that co-accused husband of the deceased would not be entitled to claim parity with this order.
Order Date :- 30.11.2018 Manoj