Heard learned counsel for the applicant, Sri Riyaz Ahmad, learned counsel for the complainant, Sri Rajiv Kumar Verma, learned A.G.A. for the State and perused the record.
The present application under Section 439 Cr.P.C. has been filed by the applicant seeking bail in FIR/Case Crime No.509 of 2020, under Section 307 I.P.C., Police Station Sarojini Nagar, District Lucknow.
It is alleged that on 13.10.2020 when the victim Ramchandra went to Bank to withdraw some money, the accused applicant along with her daughter Anjali, her son Veeru and one Bharat came to the Bank and assaulted victim with bricks. The injury report of the victim has been placed on record which would show that the victim had suffered three injuries on his vital part.
Learned counsel for the applicant submits that victim is also an accused of committing murder of son of present accused applicant, however, he was granted bail by this Court. He further submits that co-accused Anjali has been granted bail by the trial court itself. It is also submitted that there is no apprehension that after being released on bail she may flee from the course of law or may otherwise misuse the liberty of bail and the applicant is in jail since 15.10.2020.
Sri Riyaz Ahmad, learned counsel for the complainant as well as Sri Rajiv Kumar Verma, learned A.G.A. oppose the bail application vehemently and submit that three other cases of small offences are pending against the accused applicant.
Considering the allegations and the fact that co-accused Anjali has been granted bail by the trial court and applicant's son has been murdered and one son is in jail, it would be appropriate to enlarge the applicant on bail. The bail application is, thus, allowed.
Let accused-applicant Smt. Savitri be released on bail in the aforesaid F.I.R. on her furnishing a personal bond and two sureties in the like amount to the satisfaction of the Trial Court on being summoned with the following conditions :-
(i) 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.
(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 of the Indian Penal Code.
(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. 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.
(iv) 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 :- 6.4.2021 Anand Sri./-