Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33616 of 2018 Applicant :- Shanti Devi And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
Learned counsel for the applicants submits that applicants are the mother-in-law and brother-in-law of the deceased; as per the prosecution version, the deceased was married to Mritlok in 2011; it is alleged that at Ranchi, husband of the deceased i.e. Mritlok developed illicit relations with another lady; consequently, the husband of the deceased along with his brother and mother murdered the deceased by hanging her; postmortem report does not show any injury on the body of the deceased including the neck; cause of death is not known; viscera is preserved. It is urged by learned counsel for the applicant that the main accused Mritlok, in his confessional statement, stated that he poisoned the deceased, thereafter, hanged her; applicants are not involved in the commission of the crime; there is no evidence against the applicants to link them to the commission of the offence; it is urged that the applicants have been falsely implicated, applicants having no other reported criminal antecedent are languishing in jail since 21.6.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail in this case.
Let the applicants-Shanti Devi and Aakash involved in Case Crime No. 47 of 2018, under Sections 302 I.P.C., Police Station Jamalpur, District Mirzapur be released on bail on his furnishing a personal bond of Rs. One lac with two sureties (one should be of their family members) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 them, in accordance with law.
Order Date :- 5.9.2018 S.Prakash