Allahabad High Court
Smt. Poonam Tyagi vs State Of U.P. on 19 October, 2016
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35140 of 2016
Applicant :- Smt. Poonam Tyagi
Opposite Party :- State Of U.P.
Counsel for Applicant :- Nitin Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra, J.
Heard learned counsel for the applicant, the learned A.G.A for the State and Sri Avnish Kumar Srivastava, learned counsel for the complainant and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 204 of 2016, under Sections 498-A, 304-B, I.P.C and ¾ Dowry Prohibition Act, Police Station ? Ganganagar, District ? Meerut, with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that applicant is mother-in-law of the deceased, who has falsely been implicated in the present case, in-as-much as the deceased was living separately and has no role to play in the matter. It is also stated as per the postmortem report, the cause of death is due to hanging.
It is further stated that all the allegations are general in nature and there is no specific role assigned to the applicant, who is already in jail since 29.07.2016. It has further been submitted that the applicant is innocent with no previous criminal history and, in case, she is enlarged on bail, she will not misuse the liberty of bail.
Learned A.G.A has opposed the prayer for grant of bail to the applicant, 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 applicant is entitled to be released on bail on the ground of parity.
Let the applicant - Smt. Poonam be released on bail in the aforesaid case crime number on her 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 applicant shall not tamper with the evidence or threaten the witnesses.
II. The applicant shall file an undertaking to the effect that she 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 applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case case of her absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
IV. 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 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 her, in accordance with law, under Section 174-A of the Indian Penal Code.
V. 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 her in accordance with law.
Order Date :- 19.10.2016.
Vinod.
