Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27275 of 2021 Applicant :- Smt. Virma Devi Opposite Party :- State of U.P. Counsel for Applicant :- Rohit Shukla Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Rohit Shukla, learned counsel for the applicant, Sri Ankit Srivastava, learned Brief Holder 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 Smt. Virma Devi, seeking enlargement on bail during trial in connection with Case Crime No. 615 of 2020, under Section(s) 498A, 304B I.P.C. and 3/4 D.P. Act, registered at P.S. Kotwali Vrindavan, District Mathura.
Learned counsel for the applicant argued that the applicant is the mother-in-law of the deceased. It is argued that general and omnibus allegations have been levelled against all the accused persons. It is argued that the allegation of demand of dowry is false and concocted. It is argued that the husband of the deceased has been arrested and is in jail. It is argued that the cause of death as opined by the doctor is asphyxia as a result of ante mortem hanging. It is further argued that there is no direct evidence against the applicant and being a lady she is entitled to the benefit of Section 437 Cr.P.C. The applicant has no criminal history as stated in para- 28 of the affidavit and is in jail since 12.10.2020. It is also argued that father-in-law of the deceased namely Munna Lal, has been granted bail by a co-ordinate Bench of this Court vide order dated 7.5.2021passed in Criminal Misc. Bail Application No. 11735 of 2021 (Munna Lal Vs. State of U.P.), copy of which has been annexed as annexure no. 9 to the affidavit.
Per contra, learned AGA opposed the prayer for bail and argued that the applicant is named in the F.I.R. and there are allegations against the applicant but could not dispute the arguments as raised.
After having heard learned counsels for the parties and perusing the record, it is apparent that the applicant is the mother-in-law of the deceased and father-in-law of the deceased has been granted bail by a co-ordinate Bench of this Court. The husband of the deceased is in jail.
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. Virma Devi, be released on bail in the aforesaid case crime number 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 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 her, 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 her in accordance with law and the trial court may proceed against her 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 :- 16.8.2021 Naresh (Samit Gopal,J.)