Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8748 of 2019 Applicant :- Smt. Ram Kali Opposite Party :- State Of U.P.
Counsel for Applicant :- Dheeraj Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No.485 of 2018, under Sections 498-A, 304-B IPC and Section 3/4 of D.P. Act, Police Station Akbarpur, District Kanpur Dehat with a prayer to enlarge her on bail.
The submission of the learned counsel for the applicant is that the applicant is mother-in-law of the deceased; that there is no specific allegation against the applicant except general allegation that demand of motorcycle and cash was made; that the allegation regarding demand of dowry is false; that there is no dying declaration of the deceased, who died out of burn injuries; that there is no eye witness account of the incident; that the son of the applicant had admitted the deceased in the hospital for treatment where she died on account of burn injuries; that except the burn injuries there are no other injuries found on the body of the deceased; that it is a case of suicide; that the applicant would not be beneficiary of the motorcycle and the cash as stated to have been demanded; that the husband of the deceased is also an accused, who is incarcerated in jail; that the case of the applicant is distinguishable from that of the husband of the deceased; that the first information report was lodged as an afterthought, after four days of the incident; that the applicant is innocent with no previous criminal history; she is in jail since 03.08.2018 and, in case she is enlarged on bail, she will not misuse the liberty of bail.
Learned AGA has opposed the prayer for grant of bail to the applicant, but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions noticed above, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Smt. Ram Kali be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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.
Order Date :- 31.7.2019 AKShukla/-