Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21080 of 2021 Applicant :- Ram Shila Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishek Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
The matter has been taken up through Video Conferencing.
Heard Sri Abhishek Kumar Yadav, learned counsel for the applicant, Sri J.B. Singh, learned A.G.A. for the State who have appeared through Video Conferencing and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Ram Shila seeking enlargement on bail during trial in connection with Case Crime No. 91 of 2021, under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, registered at Police Station Handia, District Prayagraj.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the applicant is the mother-in-law of the deceased. The deceased committed suicide and died which is suggestive of the postmortem report wherein the doctor has opined the cause of death as asphyxia due to antemortem hanging and the doctor found ligature mark on the body of the deceased without any other injury on her body. It is further argued that general and omnibus allegations have been levelled against all the accused persons. There is an allegation in the FIR that the applicant along with Suman assaulted the deceased with lathi and danda soon before her death but there is no other corresponding injury to the said allegation which would go to show that the FIR is a false version. It is further argued that the falsity of the case could be seen from the fact that the husband, father-in- law, mother-in-law, jeth and Suman who is the Nanad of the deceased have been named in the FIR but the police has submitted the charge sheet only against the applicant whereas the other accused persons have been exonerated during the investigation although there are allegations against them also, copy of the charge sheet is annexed as Annexure No.9 to the affidavit filed in support of bail application. It is further argued that the applicant is a lady and is also entitled to benefit of Section 437 Cr.P.C. It has also been pointed out that the applicant is not having any criminal history as stated in para 17 of the affidavit and is in jail since 27.3.2021.
Per contra learned A.G.A. has opposed the prayer for bail.
Looking to the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Ram Shila, be released on bail in the aforesaid case crime number 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., 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, in accordance with law, under section 174-A I.P.C.
(v) 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 him in accordance with law and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.5.2021 Gaurav Digitally signed by Justice Samit Gopal Date: 2021.05.26 11:25:49 IST Reason: Document Owner Location: High Court of Judicature at Allahabad