Allahabad High Court
Smt. Sunita vs State Of U.P. on 13 September, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30705 of 2022
Applicant :- Smt. Sunita
Opposite Party :- State of U.P.
Counsel for Applicant :- Sher Bahadur Yadav
Counsel for Opposite Party :- G.A.,Ajai Kumar
Hon'ble Krishan Pahal,J.
Heard Sri Sher Bahadur Yadav, learned counsel for the applicant, Sri Ajay Kumar, learned counsel for the informant, Sri Puskar Srivastava, learned A.G.A. for the State and perused the material placed on record.
Applicant seeks bail in Case Crime No.146 of 2022, under Sections 304B, 498A IPC & Section 3/4 Dowry Prohibition Act, Police Station Alapur, District Budaun, during the pendency of trial.
As per prosecution story, the daughter of the informant was married to the co-accused person Gaurav about two years before her death. She was found dead in the house of her in-laws on 19.04.2022.
Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize her. The applicant is the mother-in-law of the deceased and has nothing to do with the said offence. She lives separately in the same city. To buttress his arguments, learned counsel for the applicant has placed much reliance on the arrest memo of the applicant wherein she has been arrested from a different place i.e. ward no.2. The role of the applicant is on a different footing to the co-accused person Gaurav who is the husband of the deceased. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 27.05.2022. In case, the applicant is released on bail, she will not misuse the liberty of bail.
Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application but have not disputed the fact that the applicant is the mother-in-law of the deceased and there is no criminal history of the applicant.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Smt. Sunita, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.
(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., may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming her independent opinion based on the testimony of the witnesses.
Order Date :- 13.9.2022
Ravi Kant
