Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31931 of 2018 Applicant :- Shukra Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Mayank Yadav,Mohan Lal Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in case crime no.295 of 2017, under Section 304-B, 498A IPC and Section 3/4 of the Dowry Prohibition Act Police Station-Ujhani, District-Badaun is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that as per FIR, the marriage of the daughter of complainant was solemnized with the son of the applicant on 09.07.2016. The incident took place on 27.05.2017 and the deceased took her last breath on 01.06.2017. The inquest was also prepared on the same day and the FIR was registered on 02.06.2017. The allegation is that the deceased was subjected to cruelty and harassment by the members of her matrimonial house in connection with the demand of additional dowry and on account of this, she was tortured till her death. The applicant is the mother-in-law of the deceased. General and generic role has been assigned to all the family members of the husband. The cause of death is hanging. There is no other injury except the ligature mark on the body of the deceased. Learned counsel next submitted that co-accused Ram Bahadur(father-in-law) has been granted bail by this Court on 13.07.2018 in Criminal Misc. Bail Application No. 25400 of 2018, copy of which has been annexed as Annexure No. 8 to the bail application. In this continuation, parity has also been claimed by saying that the case of the applicant stands on similar footing of the abovesaid co-accused. The applicant is in jail since 18.04.2018, having no criminal antecedents to her credit.
Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Keeping in view the totality of the circumstances, relationship of the applicant with the deceased and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant-Shukra Devi, involved in case crime no.295 of 2017, under Section 304-B, 498A IPC and Section 3/4 of the Dowry Prohibition Act Police Station-Ujhani, District-Badaun be released on bail 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 SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/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 HIS/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/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 HIM/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 THE HIM/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.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 23.8.2018 Sumit S