Heard Mr. Anurag Shukla, learned counsel for the accused/applicant as well as Mr. Girish Kumar Tiwari, learned counsel for the informant and learned A.G.A.
This is the first bail application filed on behalf of applicant/accused in Case Crime No. 721 of 2018 under Section 302 I.P.C., Police Station Indira Nagar, District Lucknow.
Learned counsel for the accused/applicant submits that the accused has falsely been implicated in the crime. The allegation against the accused/applicant is of killing of her own female child to whom she gave birth after 9 years of marriage. The accused has falsely been implicated by the informant as she remained unable to produce a male child. It has been alleged in the First Information Report that she was in depression, but no papers of treatment have been given to the Investigating Officer. It was also submitted that informant has stated in his statement that he engaged two maid servants and her mother was also there. When the situation was so, then how and why the informant left his daughter with the accused/applicant alone. It is not believable that a person who is knowing well that his wife is suffering from depression left the child and wife alone. Hence the accused/applicant should be enlarged on bail. She is languishing in jail since 25.12.2018.
Contrary to it, learned counsel for the informant as well as learned A.G.A. submitted that accused/applicant killed her four months old daughter, by pressing her neck putting handkerchief in her mouth and that was recovered from the room by the Investigating Officer. Hence the application for bail should be rejected.
Considered the submissions made by both the sides and perused the record.
According to the allegations of the F.I.R. the accused/applicant killed her four months old daughter and she was in depression. It has not been disputed that the informant and the applicant/accused were blessed with the child after nine years of marriage.Admittedly there is no eye witness of the incident. Facts in the F.I.R. have allegedly been disclosed upon the narration of the applicant/accused herself.
Considering all the facts and circumstances of the case, without commenting on merit, it appears just to enlarge the accused/applicant on bail.
Let the applicant/accused Smt. Shubra Tiwari involved in Case Crime No. 721 of 2018 under Section 302 I.P.C., Police Station Indira Nagar, District Lucknow 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:
(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 him 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 him, 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 him in accordance with law.
(v) The party shall file computer generate copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) 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 :- 9.2.2021 A.K. Singh