Allahabad High Court
Asha @ Booti And Another vs State Of U.P. on 9 September, 2014
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22915 of 2014
Applicant :- Asha @ Booti And Another
Opposite Party :- State Of U.P.
Counsel for Applicant :- Arun Srivastava
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Ramesh Sinha,J.
Heard Sri Arun Srivastava, learned counsel for the applicant and Sri S.D. Yadav, learned AGA appearing for the State.
It has been submitted by the counsel for the applicant that the applicant no.2 is husband of the victim and he was married with her in the year 2005. There was matrimonial dispute between them. The injuries caused to the victims are simple injury and neither grievous in nature nor dangerous to life. The applicants are in jail since 7.6.2014.
Learned AGA has produced the medical examination report which has been perused by this Court. He has opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant no. 2 Raju Giri involved in case Case Crime No. 428 of 2014, under sections 307, 498-A, 323, 120 IPC and 3/4 Dowry Prohibition Act, police station Kotwali Karvi, district Chitrakoot 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:
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial 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 shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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 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.
Order Date :- 9.9.2014
SKS
