Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42571 of 2019 Applicant :- Vidya Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Deepak Kumar Singh Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma
Hon'ble Pritinker Diwaker,J.
Heard Sri Deepak Kumar Singh, learned counsel for the applicant, Sri J.K. Upadhyay, learned AGA for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Crime No. 57 of 2019, under Sections 498A, 304B of I.P.C and 3/4 of D.P. Act, registered at Police Station, Kapsethi, District Varanasi.
As per prosecution case, marriage of Arti Devi was solemnized with Abhinandan, son of the applicant on 10.6.2014 and in the night intervening 24/25.3.2019 deceased died after sustaining burn injuries. Allegation against the applicant, who is mother-in-law of the deceased, is that she used to harass her for demand of dowry along with other co-accused persons.
Learned counsel for the applicant submits that the applicant is a mother-in-law of the deceased and only general allegations have been levelled against her. He further submits that the applicant is in jail since 27.3.2019, trial is likely to take some time and, therefore, she be released on bail.
On the other hand, learned A.G.A. opposes the application for bail.
Considering the totality of the case, in particular, the general allegations levelled against the applicant and further considering the fact that she is mother-in-law of the deceased and she is in jail since 27.3..2019 and trial may take some time for its final disposal, without further commenting on merit, I am inclined to release the applicant on bail.
Let the applicant Vidya Devi, be released on bail in the aforesaid case crime number on furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand) 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 her under Section 229- A I.P.C.
(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 I.P.C.
(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 expeditiously 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 and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
The application is, accordingly, disposed of.
Order Date :- 27.11.2019 AKK