Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35052 of 2018 Applicant :- Smt. Siyadevi Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Agrawal 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.731 of 2015, under Section 306 IPC, Police Station-Ramgarh, District-Firozabad is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the FIR was lodged by the first informant, brother of the deceased against five accused persons including the applicant. Initially, the FIR was registered under Section 147, 302 IPC but later on, it was converted into Section 306 IPC. The allegation is that the deceased was subjected to cruelty and mentally tortured by her in-laws in connection with the demand of an additional dowry and due to non-fulfilment of the said demand, she was tortured till her death. The applicant is the mother-in-law of the deceased aged about 68 years and is suffering from number of bodily ailment and she is not even in a position to walk around. As per prevailing practice of the society, the applicant was named in the FIR. The next contention is that Satish Kumar(husband) of the deceased was admitted on bail by co-ordinate Bench of this Court on 17.08.2017 in Criminal Misc Bail Application No. 2192 of 2016, copy of which is annexed as Annexure No. 11 to the bail application. The case of the applicant stands on better footing than that of husband. The applicant is in jail since 01.08.2018, 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 relationship of the applicant with the deceased, her pathetic condition, submissions of the learned counsel for the parties and considering the fact that co-accused has been granted bail, I am of the view that the applicant has made out a case for bail.
Let the applicant- Smt. Siyadevi, involved in case crime no.731 of 2015, under Section 306 IPC, Police Station-Ramgarh, District-Firozabad 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 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.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on her bail so granted by this court.
Order Date :- 18.9.2018 Sumit S