Vidya Devi vs State Of U.P.
2016 Latest Caselaw 6085 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32562 of 2016
 

 
Applicant :- Vidya Devi
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Hemendra Pratap Singh,Anshu Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pratyush Kumar,J.

Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

This bail application has been preferred by the accused-applicant Vidya Devi, who is involved in Case Crime No.144 of 2014, under sections 498-A,304-B I.P.C and 3/4 D.P. Act,  police Station Akrabad, District Aligarh.

Learned counsel for the applicant in support of her prayer for bail submits that applicant is innocent.She has been falsely implicated in the present case on account of being mother-in-law of the deceased. He further submits that co-accused Ranveer Singh having similar role has been granted bail by this Court vide order dated 21.7.2016 in Criminal Misc.Bail Application No.32236 of 2014 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. According to him, applicant has no previous history and she is confined in jail since 9.7.2014.

In view of the facts and circumstances of the case, submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.

Let applicant, Vidya Devi, 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 with the following conditions:

(i). The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence, if 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code;

(iii). In case, the applicant misuses the liberty of bail 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.

(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 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 him in accordance with law.

Order Date :- 22.9.2016

G.S