Bahaduri and 2 Others v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43221 of 2023 Applicant :- Bahaduri And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Kumar Sharma,Babloo Pant Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.

¶2Learned counsel for the applicants contends that the applicants have been falsely implicated in the instant case. The applicant no.1 is the father-in-law, applicant no.2 is the mother-in-law and applicant no.3 is the Jethani of the deceased. He further submits that the applicants challenged the proceedings before this Court by way of filing Criminal Misc. Application (482) No. 3655 of 2003 Bahaduri and others Vs. State) in which, interim order was granted on 10.05.2004 and since then the aforesaid 482 Cr.P.C. application was pending consideration, which was finally dismissed on

29.04.2019. Thereafter summons were issued to the applicants, who surrendered on 23.06.2023 and since then the applicants are languishing in jail. Learned counsel also argued that the after the marriage, the deceased could not gave birth to any child for about 4-5 years on account of which, she was under depression as such had committed suicide. The applicants did not abet or instigate the deceased to commit the suicide. Learned counsel further argued that in the meantime, the trial of the husband and Jeth being Sessions Trial No.172 of 2003 was concluded in their acquittal vide Judgement and order dated 29.11.2003 and that once the trial against the husband and Jeth has culminated into acquittal, the applicants are entitled to be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon them.

¶3Learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record, however he oppose the bail prayer of the applicants.

¶4Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicants have made out a case for bail. Hence the bail application is allowed.

¶5Let applicants Bahaduri, Smt. Katori and Smt. Sukhadevi involved in Case Crime No.859 of 2003, Case No. 2708 of 2003, under Sections 498A, 304-B I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali Orai, District Jalaun, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- I. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code. III. In case, the applicants misuses the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code. IV. The applicants 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against them in accordance with law.

¶6In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶7Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 18.10.2023 S.Ali High Court of Judicature at Allahabad