Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that accused applicant has falsely been implicated in the present case. First information report has been lodged in pursuance of order passed on the application under section 156(3) Cr.P.C. Accused applicant is mother- in-law of the deceased. She does not have any active role in the commission of alleged crime. There is no incriminating evidence against the accused applicant for demand of dowry and consequently harassment or torture of the deceased. The deceased committed suicide by hanging herself due to her prolong illness. The post mortem of the deceased has not been conducted.
The accused applicant is languishing in jail since 6.6.2020. It is next submitted that the applicant is neither a previous convict nor she has any criminal history. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, she shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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 applicant is entitled to be released on bail in this case.
Let the applicant Smt. Kaushalya @ Munni Devi involved in Case Crime No. 434 of 2020, under Sections 498A,304B and 201 IPC and section 3/4 Dowry Prohibition Act, Police Station Phoolbehad, District Kheri be released on bail 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 which are being imposed in the interest of justice:-
(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 his 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 :- 18.2.2021 GSY