Mohar Shri v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42601 of 2023 Applicant :- Mohar Shri Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Kumar Pandey,Suvansit Kumar Jaiswal Counsel for Opposite Party :- G.A.,Chandra Bhan Kushwaha Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Suvansit Kumar Jaiswal, learned counsel for the applicant, Sri Chandra Bhan Kushwaha, learned counsel for the first informant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

¶3This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Mohar Shri seeking enlargement on bail during trial in connection with Case Crime No. 149 of 2023, under Sections 323, 498-A, 304B IPC and Section 3/4 D.P. Act, registered at P.S. Islam Nagar, District Budaun.

¶4Learned counsel for the applicant argued that the applicant is the mother-in-law of the deceased Gudiya. The marriage of the deceased with Seti the son of the applicant was solemnized ten months back. It is argued that the general and omnibus role has been assigned to all the accused persons without any specification therein. It is argued in the postmortem report the deceased was found to have received a lacerated wound and one contusion but the said contusion did not contribute to her death. The cause of death is coma due to antemortem head injury which was the lacerated wound mentioned in the postmortem report. Seti the husband of the deceased is in jail. It is argued that charge sheet in the matter has been submitted and as such there are not chances of the applicant tampering with the evidence. It is argued that the applicant is a lady and she is entitled to the benefit of Section 437 Cr.P.C. The applicant has no criminal history as stated in para 32 of the affidavit and is in jail since 29.04.2023.

¶5Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail.

¶6After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the mother-in-law of the deceased. The cause of death is coma due to antemortem head injury. Charge sheet in the matter has been submitted.

¶7Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

¶8Let the applicant Mohar Shri, be released on bail in the aforesaid case crime number on 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that she 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.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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 I.P.C.

(v) 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 and the trial court may proceed against her under Section 229-A IPC.

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

¶9The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

¶10The bail application is allowed. Order Date :- 19.10.2023 M. ARIF (Samit Gopal, J.) High Court of Judicature at Allahabad