Allahabad High Court
Phoolmati @ Obari vs State Of U.P. on 12 August, 2021
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- BAIL No. - 8548 of 2021
Applicant :- Phoolmati @ Obari
Opposite Party :- State of U.P.
Counsel for Applicant :- Dinesh Kr. Chaudhary
Counsel for Opposite Party :- G.A.
Hon'ble Alok Mathur,J.
1. Heard Sri Dinesh Kumar Chaudhary, learned counsel for the applicant and the learned A.G.A. for the State.
2. The applicant, who is mother-in-law of the deceased, has prayed for bail in case crime No.28 of 2021, under Sections- 498A, 304 B of IPC and 3/4 of Dowry Prohibition Act, police station Mahrajganj Tarai, District Balrampur.
3. Learned counsel for applicant has contended that according to the first information report, lodged by father of the deceased, it has been stated that his daughter was married with the son of the applicant about three and half years ago and there was constant demand for dowry due to which she was continuously harassed. It is further submitted that she had a male child of one and half year and in the night of 21/22.3.2021 she has been done to death by her in-laws.
4. It has been vehemently stated by learned counsel for the applicant that in the F.I.R. as well as in the statement of the complainant there are only general allegations against the applicant and there is no specific allegation implicating her in the said incident. It is further submitted that father-in-law has already been granted bail by this Court on 5.7.2021 in bail Application No.6788 of 2021. Although the bail in that case has been granted mainly on the ground of separate living but no such document has been brought on record by the applicant to indicate separate living. It has also been submitted that even otherwise looking into the allegations against the applicant and after considering the judgment of Hon'ble Apex Court in the case of Geeta Mehrotra Vs. State of U.P., (2012) 10 SCC 741 whereby the Court stated that there are large number of false and frivolous cases lodged against the entire family members of the husband and submitted that there are general allegations against the applicant and therefore giving benefit of the judgment of Apex Court in the case of Geeta Mehrotra (supra) the applicant is liable to be released on bail.
5. Learned AGA on the basis of instructions has opposed the prayer for bail and submits that no evidence of separate living is on record but he could not dispute the facts as argued by the counsel for the applicant.
6. Without expressing any opinion on the merits of the case, considering the fact that no specific role has been ascribed to the applicant being mother-in-law of the deceased; that the applicant is in judicial custody since 26.3.2021; the verdict of Supreme Court in the case of Geeta Mehrotra (supra) and also looking to the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses, the applicant is entitled to be released on bail in this case.
7. Let the applicant, Phoolmati @ Obari, involved in case crime No.28 of 2021, under Sections- 498A, 304 B of IPC and 3/4 of Dowry Prohibition Act, police station Mahrajganj Tarai, District Balrampur be released on bail on her 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 shall file an undertaking to the effect that she would 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 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 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.
(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 CrPC. 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.
8. It is provided that none of the observations made above shall be considered by the trial court and the trial shall proceed on its own merits.
Order Date :- 12.8.2021 (Alok Mathur, J.)
RKM.
