Heard Sri Santosh Kumar Shukla, learned counsel for the applicants, Sri Satish Kumar Singh, learned brief holder for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants Smt. Kesh Kanti and Khilauni seeking enlargement on bail during trial in connection with Case Crime No. 186 of 2020, under Sections 149, 302, 120-B IPC, registered at P.S. Naseerpur, District Firozabad.
Learned counsel for the applicants argued that the applicants have been falsely implicated in the present case. It is further argued that the applicant no.1 is the mother-in-law and the applicant no.2 is the sister-in-law of the deceased and they are not named in the First Information Report. It is argued that co-accused Ram Naresh who was the father-in-law of the deceased, has been granted bail to this Bench vide order dated 17.12.2020 passed in Crl. Misc. Bail Application No. 47206 of 2020 (Ram Naresh Vs. State of U.P.), copy of the order is annexed as annexure 8 to the affidavit and further co-accused Smt. Phoolmala @ Phoola Devi who was also named in the First Information Report has been granted bail by a co-ordinate Bench of this Court vide order dated 09.02.2021 passed in Crl. Misc. Bail Application No. 4988 of 2021 (Smt. Phoolmala @ Phoola Devi Vs. State of U.P.), copy of the order has been produced before the Court which is taken on record. It is argued that the applicants stand on a better footing with that of co-accused who have been granted bail. It is further argued that the applicants are lady and they are entitled to the benefit of Section 437 Cr.P.C. Further, while placing para 20 of the affidavit it is argued that the applicants have no criminal history and are in jail since 16.12.2020.
Per contra, learned AGA opposed the prayer for bail.
Looking to the facts and circumstances of the case, it is a fit case for bail, I am inclined to release the applicants on bail.
Let the applicants Smt. Kesh Kanti and Khilauni, be released on bail in the aforesaid case crime number 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 applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants shall file an undertaking to the effect that they 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.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever. In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under section 82 Cr.P.C., may be issued and if applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under section 174-A I.P.C.
(V) The applicants 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 applicants are 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 them in accordance with law and the trial court may proceed against them under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicants.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
The bail application is allowed.
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 :- 17.2.2021 M. ARIF (Samit Gopal, J.)