Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27393 of 2018 Applicant :- Smt. Tara Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Vishvendra Singh Counsel for Opposite Party :- G.A.,Deepak Kumar Kulshrestha
Hon'ble Rahul Chaturvedi,J.
Counter and rejoinder affidavits filed on behalf of the rival parties today, is taken on record.
Heard Sri VV Singh, learned counsel for the applicant, Sri Deepak Kumar Kulshrestha, learned counsel for the informant, learned AGA and perused the record.
Contention raised at the Bar is that the applicant has been falsely implicated in the present case. It has been further submitted that initially FIR was registered under sections 302 and 120-B IPC with the solitary allegation that the applicant, who happens to be wife of the deceased, was having illicit relationship with her brother-in-law and she along with two other accomplices were instrumental in causing death of the victim- Bhuri Singh. It has been further mentioned therein that eye witness Lav Kush s/o Komal Singh, aged about 12 years, witnessed that all the three named accused were pegging down the dead body of deceased by a scarf on a wall. Ante mortem of the carcass revealed that the deceased sustained ligature mark measuring 34 x 3 cm all around the neck with a gap of 2 cm over left side back neck, ligature mark measuring 3 cm below left ear, 4 cm below chin, 4 cm below right ear and 5 cm below ligature mark on cut section had glistening parchment like. Cause of death of the victim was opined to be asphyxia as a result of hanging by the doctor conducting the post mortem examination of the deceased. Therefore, it can be easily derived out from the aforesaid post mortem examination of the deceased that he committed suicide. It is next argued that after collecting evidence, the Investigating Officer concerned converted the case into the offence under section 306 IPC. It is further argued that there is not even iota of evidence against the applicant that she abetted the victim, in any manner, therefore, case of the applicant does not fall within the ambit of section 306 IPC and the applicant has been fastened in the instant case only on apprehension as she happens to be the wife of the deceased. It is lastly urged that the applicant is in jail since 23.05.2018 without any criminal antecedent to his credit.
Learned private counsel for opposite party as well as learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail.
Let the applicant Smt. Tara Devi, involved in Case Crime No. 142 of 2018, under section 306 IPC, P.S. Barhan, District Agra be released on bail 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 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.
(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/HER UNDER SECTION 229-A IPC.
(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., 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 HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) 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.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on her bail so granted by this court.
Order Date :- 11.9.2018 shailesh