Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
Applicant- Smt.Naushaba @ Smt.Naubas seeks bail in Case Crime No.579 of 2020, under Sections 498-A, 323, 328, 304-B, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, registered at Police Station Gulaothi,, District Bulandshahr.
Learned counsel for the applicant argued that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that the applicant is the mother in-law of the deceased. The marriage has taken place about five years back. Learned counsel for the applicant has next submitted that applicant has been living separately with her husband. The husband of the applicant has already been granted bail by another Bench of this Court in Criminal Misc. Bail Application No. 2088 of 2021 vide order dated 13.1.2021 and the case of the applicant stands on the same footing as that of co-accused who has already been granted bail. Learned counsel for the applicant has next submitted that applicant is in jail since 30.9.2020 and there is no chance of applicant fleeing from the judicial process or tampering the evidence and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant, Smt.Naushaba @ Smt.Naubas, 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 applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant 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 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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 him, in accordance with law, under section 174-A I.P.C.
(v) 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 and the trial court may proceed against him 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 applicant.
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 applicant to prison.
The bail application is accordingly allowed.
Order Date :- 20.1.2021 KU