Sri Devi v. State of U.P

Court No. -64 Case :-CRIMINAL MISC. BAIL APPLICATION No. -41382 of 2023 Applicant :-Sri Devi Opposite Party :-State of U.P. Counsel for Applicant :-Krishna Shankar Counsel for Opposite Party :-G.A.,Sanjay Mishra Hon'ble Siddharth,J. Heard Sri Krishna Shankar, learned counsel for the applicant; Sri Sanjay Mishra, learned counsel for the informant; learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Sri Devi, with a prayer to release her on bail in Case Crime No. 201 of 2023, under Section 306 IPC, Police Station Phaphood, District-Auraiya, during pendency of trial. There is allegation against the applicant that she had extra marital affair with co-accused, Sheelesh Kumar, and she left the company of her husband as a result of which he committed suicide. It is argued by the learned counsel for the applicant that it is a case of false implication of the applicant by mother of the deceased. Initially she made allegation of committing the offence of murder of her son by the applicant, but later it was found that it is a case of suicide. Only one fire arm injury was found, which was suffered by the deceased on his head. Story of extra marital affair was developed during investigation only to deprive the applicant of her share in the property left behind by the deceased. The applicant has been falsely implicated in this case. She has no criminal history to her credit and is languishing in jail since 28.6.2023. In case, the applicant is released on bail, she will not misuse the liberty of bail. Learned counsel for the informant has vehemently opposed the bail prayer of the applicant and submitted that deceased was instigated by the applicant by her conduct to commit suicide. Hence the alleged offence was committed by the applicant. Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, she does not deserves any indulgence. In case the applicant is released on bail she will again indulge in similar activities and will misuse the liberty of bail. After haring rival contentions, this Court finds that the Apex Court in the case of K.V. Prakash Babu Vs. State of Karnataka, 217 CRI. L. J. 264, has held that mere involvement of either of the spouse in extra marital affair and some suspicion in the mind of other spouse cannot be regarded as mental cruelty, which would satisfy the ingredients of Section 306 IPC. Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 with the following conditions that :-

(i) The applicant shall not tamper with the evidence or threaten the witnesses.

(ii) 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.

(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of her absence, without sufficient cause, the Trial Court may proceed against her under Section 229-A of the Indian Penal Code.

(iv) In case the applicant misuse 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.

(v) 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. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 17.10.2023 Ruchi Agrahari High Court of Judicature at Allahabad