Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52349 of 2019 Applicant :- Rudhanti Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Siddharth Saran Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No.086 of 2019, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Lalganj, District Basti.
Learned Counsel for the applicant has submitted that the applicant is mother-in-law of the deceased. The marriage of deceased was solemnized with Ram Pal @ Rang Pal on 22.06.2013. The applicant is a old lady and is living separately from the deceased and his son Ram Pal. There is general allegations against the applicant and other co-accused persons. It is further contended by the learned counsel for the applicant that the applicant is absolutely innocent and was neither involved for any demand of dowry from the deceased or her parents nor committed any assault on account of which the deceased is said to have died in her matrimonial house. The applicant is languishing in jail since 15.05.2019 who is not a previous convict deserves to be enlarged on bail. In case the applicant is released on bail she will not misuse the liberty of bail and shall cooperate with the trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant contending that the victim has been done to death within a short span of time on account of non fulfilment of demand of dowry and she was facing brunt of her in-laws. The injuries received by the deceased on her persons supported the prosecution version. In case the applicant is released on bail she will misuse the liberty of bail.
Keeping in view the nature of the offence, arguments advanced by learned counsel for the parties and without expressing any opinion on merits, I am of the view that it is fit case for bail.
Let the applicant Rudhanti Devi be released on bail in Case Crime No.086 of 2019, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Lalganj, District Basti on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(1) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if 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;
(2) 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;
(3). In case, the applicant misuses the liberty of bail 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.
(4) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 27.11.2019 akverma