Smt Guddi Devi v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30216 of 2023 Applicant :- Smt Guddi Devi Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Srivastav,Kartikeya Shukla,Shailendra Kumar Tiwari Counsel for Opposite Party :- G.A.,Shaurya Sharma Hon'ble Dr. Gautam Chowdhary,J.

¶1Supplementary affidavit filed today by the learned counsel for the applicant is taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A for the State as well as learned counsel for the informant and perused the record.

¶3It has been argued by learned counsel for the applicant that that though in the F.I.R. the complainant-Lakshman Singh, who is brother of the deceased had made allegations regarding demand of additional dowry and causing cruelty to the deceased, but before the court below during trial his statement was recorded before the trial court as P.W.1., wherein he has stated that marriage of his sister was solemnized with the applicant 0n 08.12.2022, the in-laws of her sister never demanded any additional dowry, nor they tortured or harassed her, his sister was admitted in AIIMs at Delhi, where she died, her sister was short tempered and she had taken wrong steps and end her life in anger, there is no role of her in-laws in her death, thus, the applicant has falsely been implicated in the case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant 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 applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 06.05.2023, having no criminal history.

¶4Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant but they have not disputed that complainant who was examined before the trial court as P.W.1 has not stated any wrong against the applicant.

¶5After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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.

¶6Let the applicant-Smt Guddi Devi, involved in Case Crime No. 103 of 2023, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Etmadpur, District Agra, be enlarged 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 applicant will not tamper with prosecution evidence and will not harm or harass the 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.

¶7The 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.

¶8The bail application is allowed. Order Date :- 9.11.2023 Mustaqeem. High Court of Judicature at Allahabad