Allahabad High Court
Nemun @ Nemul Nisha vs State Of U.P. on 26 August, 2021
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- BAIL No. - 6590 of 2021
Applicant :- Nemun @ Nemul Nisha
Opposite Party :- State of U.P.
Counsel for Applicant :- Prem Prakash Singh,Ajmal Khan
Counsel for Opposite Party :- G.A.
Hon'ble Alok Mathur,J.
1. Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P.
2. The present bail application has been filed on behalf of the applicant seeking bail in pursuance to the First Information Report registered as Case Crime No. 58 of 2021, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station - Lalganj, District - Pratapgarh.
3. Submission of learned counsel for the applicant is that first information report of the case has been lodged by the father of the deceased alleging that his daughter who was married to the son of the applicant alongwith other family members of the in-laws family used to torture the deceased for non fulfilment of demand of dowry and have murdered his daughter.
4. It is next submitted by learned counsel for the applicant that applicant is mother-in-law of the deceased, she is an old age lady. It is also submitted that the son of the applicant and deceased performed love marriage and father of deceased was against said marriage but after certain persuasion he gave his consent for said marriage and being love marriage there was no demand for dowry from the side of the applicant, infact the deceased committed suicide. The applicant is innocent and has no concern with the demand of dowry or death of the deceased. He submits that general allegations have been levelled against all the accused persons and no specific role has been assigned to the applicant.
5. Learned counsel for the applicant has placed reliance on the judgment of Hon'ble Apex Court in the case of Geeta Mehrotra and Another Vs. State of U.P., (2012) 10 SCC 741, and has prayed that benefit of said order be provided to the applicant as she is mother-in-law of the deceased and an old age lady. It is lastly submitted that applicant is in jail since 09.02.2021.
6. Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
7. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and taking note of the fact that the applicant is an old lady and she is mother-in-law of the deceased and also considering the judgment of Hon'ble Apex Court in the case of Geeta Mehrotra (supra) coupled with the fact that general allegations have been levelled against all the accused persons and no specific role has been attributed to the applicant, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
8. Let applicant Nemun @ Nemul Nisha be released on bail in Case Crime No. 58 of 2021, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station - Lalganj, District - Pratapgarh, on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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 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 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 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 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.
9. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
10. This order shall not influence the trial Court for proceeding with the trial.
11. The application stands disposed of.
Order Date :- 26.8.2021
A. Verma
(Alok Mathur, J.)
