Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43370 of 2021 Applicant :- Smt. Vindrawati Opposite Party :- State of U.P.
Counsel for Applicant :- Sheetala Prasad Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 26 of 2021, under Sections 302, 201, 34 IPC, Police Station - Dharamsinhwa, District - Sant Kabir Nagar with the prayer to enlarge the applicant on bail.
On 26.03.2021 the Chowkidar of village Sewaipar, police station - Dharmsinghwa, District - Santkabir Nagar, namely, Dharm Raj, gave an application to the SHO (Thanadhyaksha) and it was alleged by him in the said application that a dead body of a girl was lying in the field of wheat. Further information about the said dead body was given in the application that it was that of Susheela, the daughter of Ram Nath Lodh, resident of village Punpa, which situates next to his village. It was further mentioned in the complaint that deceased Susheela was having love relations with Deen Dayal and had run away from her house on 22.03.2021 and the family members of the deceased tried to locate her and the deceased returned to her house after 2-3 hours. It was further alleged in the report that there is a talk of town that the deceased Shusheela was murdered by her family members and after murder they had thrown the dead body of the deceased in the intervening night of 24/25.03.2021. On the basis of that application the police started investigation and collected evidence against the present applicant Smt. Vindrawati and three other co-accused.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and she has been falsely implicated in the present case. It is further argued that the present applicant is mother of the girl (deceased). It is quite unnatural that a mother would participate in the killing of her own daughter. It is also submitted that there is no direct or circumstantial evidence against the present accused, as she was neither seen by anybody carrying away the deceased nor was seen by anybody going to or coming back from the place of the incident. Lastly, it is argued that the applicant is in jail since 28.03.2021 and that in case applicant is enlarged on bail, she will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, considering the applicant is a lady and is mother of the deceased, considering that there is no direct or circumstantial evidence against her and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Smt. Vindrawati involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure his 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 may initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 28.10.2021 LBY