Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41373 of 2021 Applicant :- Smt. Sarsuti Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, Sri B.M. Tripathi, learned counsel for the complainant as well as Sri Daan Bahadur, learned brief holder appearing on behalf of State and perused the record.
By means of this application, the applicant who is involved in sessions case no.349 of 2021(State Vs. Swadesh and others) arising out of case crime no.251 of 2021 under Section 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station-Rath, District-Hamirpur is seeking enlargement on bail during the trial.
Submission made by learned counsel for the applicant is that the applicant is the mother-in-law of the deceased. The next contention is that the present FIR is being lodged by Jagdish Sahu, informant against the applicant and three other accused persons including the husband. The next contention is that the marriage was solemnized in the month of April, 2016 and there is alleged demand of motorcycle and golden chain. It is further contended that even after lapse of almost five years, deceased was unable to conceive and on account of this dense and immense social pressure, she has committed suicide. In the rural areas, this is the biggest social taboo that the married woman remain issueless for a considerable period. She was constant target of harassment and mental torture by the co-villagers as well as other family members. General and omnibus role has been attributed to all the accused persons for alleged act of harassment. The post mortem report of the deceased reveals that there is singular ligature mark around her neck and she died on account of hanging. It is further contended that there is alleged demand of motorcycle and golden chain. The applicant is the mother-in-law, who is aged about 57 years, cannot be said to be the beneficiary of the alleged motorcycle. The applicant is languishing in jail since 13.06.2021.
Learned counsel for the complainant opposed the prayer for bail by making a mention that she was constant subject matter of torture and few days prior, there was a compromise between the parties and she was taken to her marital place after that compromise but the husband and all the family members have not mended their ways and kept on torturing her.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties and taking into account that she was subject matter of mental torture by all the family members and co- villagers and she could not bear that pressure and have committed suicide, I am of the view that the applicant has made out a case for bail.
Let the applicant, Smt. Sarsuti, who is involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT SHE 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.
(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 IPC.
(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., 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 HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) 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 HER IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:
1. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
2. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
3. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
4. 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 :- 27.10.2021 Sumit S Digitally signed by RAHUL CHATURVEDI Date: 2021.10.29 10:19:09 IST Reason: Document Owner Location: High Court of Judicature at Allahabad