Sunita v. State of U.P

Court No. -64 Case :-CRIMINAL MISC. BAIL APPLICATION No. -45217 of 2023 Applicant :-Sunita Opposite Party :-State of U.P. Counsel for Applicant :-Pankaj Kumar Shukla,Ramji Mishra Counsel for Opposite Party :-G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Sunita, with a prayer to release her on bail in Case Crime No. 16 of 2023, under Sections 302, 201, 120-B IPC, Police Station Kalwari, District-Basti, during pendency of trial. There is allegation against the applicant of committing the offence of murder of the deceased. It is alleged that deceased was having affair with the applicant for last five years and wanted to marry her. On the fatefuly day, he left his house to meet the applicant and thereafter his dead body was found. No one has seen the incident. It is a case of circumstantial evidence. Motive was assigned to the applicant that on the pretext of marriage, she was extracting money from the deceased. From the C.D.R. details, it appears that the deceased had strained relationship with his wife. He wanted to marry the applicant and preparations of their marriage were done and bookings were made, but in the meantime, he was murdered by someone. It is argued by the learned counsel for the applicant that deceased was having affair with the applicant and therefore, there is no reason why the applicant would get him killed. She has been falsely implicated in this case. It appears that murder of the deceased was got committed by either his first wife or other members of his family, who were against relationship of deceased with applicant. She has no criminal history to her credit and is languishing in jail since 16.1.2023. In case, the applicant is released on bail, she will not misuse the liberty of bail. 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. 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 :- 27.10.2023 Ruchi Agrahari High Court of Judicature at Allahabad