Heard learned counsel for the applicant and learned A.G.A. through video conferencing.
As per learned counsel for the applicant, the present applicant is in jail since 30.1.2021 in Case Crime No.630 of 2019, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, Police Station ? Laharpur, District ? Sitapur.
Learned counsel for the applicant has contended that the present applicant, who is mother-in-law of the deceased, has been falsely implicated in the case as she has not committed any offence as alleged. As a matter of fact, the present applicant has got cordial relation with her daughter-in-law (since deceased). She has never demanded dowry from her daughter-in-law or her family members. No specific role has been assigned to the present applicant, rather general role has been assigned. Even in the FIR, name of the present applicant is not indicated, only mother-in-law of the deceased has been indicated. There is no ante mortem injury on the body of the deceased. The present applicant is a lady of 70 years, therefore, she may be given the benefit of Section 437 Cr.P.C. He has further submitted that charge sheet has already been filed, therefore, he undertakes that the applicant shall co-operate with the trial proceedings and shall not misuse the liberty of bail, if so granted by this Court. Further, the applicant shall abide by all terms and conditions of the bail order.
Learned A.G.A has, however, opposed the prayer for bail but he has not disputed the aforesaid submission of learned counsel for the applicant.
Considering the aforesaid facts and without entering into merits of the case, let applicant - Smt. Kaushalya alias Kamla be released on bail in the aforesaid case crime number on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 27.5.2021 RBS/-