Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33950 of 2021 Applicant :- Smt. Suman Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Ajendra Kumar Counsel for Opposite Party :- G.A.,B.K.Singh Raghuvanshi
Hon'ble Samit Gopal,J.
Heard Sri Ajendra Kumar, learned counsel for the applicant, Sri Sanjay Kumar Singh, learned AGA for the State and perused the material on record.
Sri B.K.Singh Raghuvanshi, learned counsel for the first informant is not present even when the matter has been taken in the revised list.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Smt. Suman Devi, seeking enlargement on bail during trial in connection with Case Crime No. 63 of 2021, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act registered at Police Station Malawan, District Etah.
Learned counsel for the applicant argued that the applicant is the mother-in-law of the deceased and she has been falsely implicated in the present case. The applicant along with three other co-accused persons have been assigned general omnibus allegations in the first information report. The deceased, Smt. Jyoti Chauhan committed suicide and died which is suggestive from the postmortem report wherein the doctor has found single ligature mark on her body without any other injury and the cause of death has been opined as asphyxia as a result of ante mortem hanging. It is argued that the applicant is a lady and is not involved in the present case. The story regarding demand of dowry is false and has seen the light of the day for the first time when the present first information report has been lodged. It is argued that the applicant is entitled to benefit of Section 437 Cr.P.C. The applicant has no criminal history as stated in paragraph 10 of the affidavit in support of the bail application and is in jail since 30.06.2021.
Per contra, learned counsel for the State has opposed the prayer for bail and argued that the applicant is named in the first information report and there are allegations against her and other co-accused persons.
After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the mother-in-law of the deceased. As per the postmortem report, the cause of death is asphyxia as a result of ante mortem hanging and there is a single ligature mark on the body of the deceased without any other bodily injury.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant Smt. Suman Devi, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties of the applicant will be her family member) 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 she 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 him 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 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 :- 26.10.2021 SA (Samit Gopal,J.)