Allahabad High Court
Geeta Devi And Another vs State Of U.P. on 17 October, 2016
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35107 of 2016
Applicant :- Geeta Devi And Another
Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharam Deo Chauhan
Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra, J.
Heard learned counsel for the applicants and the learned A.G.A for the State and perused the record.
The present bail application has been filed by the applicants in Case Crime No. 814 of 2016, under Sections 498-A, 304-B I.P.C, Police Station ? Chiraiya Kot, District - Mau, with the prayer to enlarge him on bail.
It is contented by learned counsel for applicants that the applicants are lodged in the jail since 03.07.2016 and have six minor children to take care. It is further contended that applicants are Deorani and Jethani of the victim and were otherwise living separately and had no role in the matter. It has further been submitted that the applicants are innocent with no previous criminal history and, in case, they are enlarged on bail, they will not misuse the liberty of bail.
Learned A.G.A has opposed the prayer for grant of bail to the applicants, but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicants are entitled to be released on bail.
Let the applicants - Geeta Devi and Chandra Kala be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice :-
I. The applicants shall not tamper with the evidence or threaten the witnesses.
II. The applicants shall file an undertaking to the effect that they 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.
III. The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
IV. In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
V. The applicants 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 applicants are 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 them in accordance with law.
Order Date :- 17.10.2016.
Vinod.
