Jeera Devi v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42460 of 2023 Applicant :- Jeera Devi Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Brijesh Kumar Mishra, learned counsel for the applicant, Sri Bare Lal Bind, learned State counsel and perused the material on record.

¶3This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Jeera Devi seeking enlargement on bail during trial in connection with Case Crime No. 193 of 2023, under Section(s) 498A, 304B I.P.C. and 3/4 D.P. Act, registered at P.S. Ahirauli Bazar, District Kushinagar.

¶4Learned counsel for the applicant argued that the applicant is the mother-in-law of the deceased and she has been falsely implicated in the present case. It is argued that marriage of the deceased/ Sapna Paswan was solemnized with Shailesh Paswan the son of the applicant on 25.5.2022. It is argued that general and omnibus allegations have been levelled against all the accused persons including the applicant. It is argued that the husband of the deceased has been arrested and is in jail. It is argued that the cause of death as opined by the doctor is asphyxia as a result of ante mortem injury. It is further argued that four abrasions apart from one ligature mark on the body of the deceased was found which are probable to have been received while committing suicide. It is argued that the applicant has been made accused in the present case because of she being a family member of the husband of the deceased. It is furher argued that being a lady, she is entitled to the benefit of Section 437 Cr.P.C. It is also argued that father-in-law of the deceased namely Tulsi Paswan has been granted bail by a co-ordinate Bench of this Court vide order dated 03.10.203 passed in Criminal Misc. Bail Application No. 42062 of 2023. The applicant is having no criminal history as stated in para-21 of the affidavit and is in jail since 19.5.2023.

¶5Per contra, learned AGA has opposed the prayer for bail but could not dispute the arguments as raised.

¶6After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is mother-in-law of the deceased. The applicant is a lady and such she is entitled to the benefit of Section 437 Cr.P.C. Cause of death is asphyxia as a result of ante mortem injuries. The husband of the deceased is in jail.

¶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-Jeera Devi, 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. (Samit Gopal,J.) Order Date :- 6.11.2023 Naresh High Court of Judicature at Allahabad