1. Heard Sri Anil Kumar Singh, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P..
2. The present bail application has been filed on behalf of the applicant, who is mother-in-law of the deceased, seeking bail in pursuance to the First Information Report registered as Case Crime No. 42 of 2021, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station - Sandila, District - Hardoi.
3. Submission of learned counsel for the applicant is that the present first information report has been lodged by the father of the deceased alleging that accused-applicant's son Umesh was married to his daughter. Soon after marriage, her in-laws started harassing and physically assaulting her for dowry, due to which she committed suicide. It is next submitted by learned counsel for the applicant that the applicant is innocent and as been falsely implicated in the present case. It is further submitted that the applicant is mother-in-law of the deceased and he has no concern with any demand of dowry and harassment of the deceased. The applicant is an old lady. It is lastly submitted that general allegations have been levelled against all the accused persons and that the applicant may be given benefit of the law laid down by Hon'ble Apex Court in the case of Geeta Mehrotra Vs. State of U.P., (2012) 10 SCC 741. It is lastly submitted that the applicant is in jail since 21.01.2021. Lastly, it is submitted that co-accused Chandrika, who is father-in-law of the deceased has already been granted bail by this Court vide order dated 9.7.2021 passed in Bail Application No.4876 of 2021 and on the ground of parity the present applicant is also entitled to be granted bail.
4. Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
5. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and the fact that general allegations against all the accused persons have been levelled in the first information report and that the applicant being mother-in-law of the deceased she is entitled for relief as per law laid down by the Apex Court in the case of Geeta Mehrotra (supra), without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
6. Let applicant Sri Mati Sarvesh Kumari be released on bail in Case Crime No. 42 of 2021, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station - Sandila, District - Hardoi, on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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.
7. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
8. This order shall not influence the trial Court for proceeding with the trial.
9. The application stands disposed of.
10. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
11. The concerned Court/Authority/Official shall verify the authenticity of the 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 :- 19.8.2021 (Alok Mathur, J.) RKM.