Allahabad High Court
Smt. Ram Guni @ Rani vs State Of U.P. on 15 July, 2021
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 14
Case :- BAIL No. - 7346 of 2021
Applicant :- Smt. Ram Guni @ Rani
Opposite Party :- State of U.P.
Counsel for Applicant :- Pawan Kumar Pandey,Mohd. Amir 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. and perused the record.
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. 04 of 2021, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station - Sursa, District - Hardoi.
3. Submission of learned counsel for the applicant is that she is mother-in-law of the deceased. As per first information report complainant's daughter Arti was married to the son of the applicant namely Ankesh Kumar on 05.11.2020. Soon after marriage, the husband of the deceased and her inlaws including the applicant started harassing her for dowry and on 02.01.2021, the accused persons murdered her. In the post mortem report of the deceased cause of death has been shown to be asphyxia as a result of ante mortem hanging. It is further submitted by learned counsel for the applicant that it was the applicant who gave information to the Police about death of the deceased. It is next submitted that infact the deceased and her husband were living in another house separately from the applicant. The applicant is innocent and she has no concern with the demand of dowry and that she is in jail since 10.02.2021. It is lastly submitted by learned counsel for the applicant that she is an old lady and is mother-in-law of the deceased therefore benefit of the judgment of Hon'ble Apex Court in the case of Geeta Mehrotra Vs. State of U.P., (2012) 10 SCC 741.
4. 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.
5. 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 keeping in mind that the applicant being mother-in-law of the deceased is an old lady and that she used to live separately from the deceased and her husband coupled with the judgment of Apex Court in the case of Geeta Mehrotra (supra), without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
6. Let applicant Smt. Ram Guni @ Rani be released on bail in Case Crime No. 04 of 2021, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station - Sursa, District - Hardoi, on his 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 he 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 his 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 his 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 him, 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 him in accordance with law.
7. 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.
8. This order shall not influence the trial Court for proceeding with the trial.
9. The application stands disposed of.
10. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
11. The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 15.7.2021
A. Verma
(Alok Mathur, J.)
