Smt. Asha v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47322 of 2023 Applicant :- Smt. Asha Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Sharma,Amrita Singh Counsel for Opposite Party :- G.A.,Ashutosh,Pavan Kumar Hon'ble Samit Gopal,J.

¶1List revised.

¶2Sri Ashutosh, Advocate states that he has filed his vakalatnama in the office on 7.11.2023 behalf of the first informant but the same is not on record.

¶3Office is directed to trace out the same and place it on record by the next date and make a note in the order sheet regarding the same.

¶4Heard Sri Pradeep Kumar Sharma, learned counsel for the applicant, Sri Ashutosh, learned counsel for the first informant, Sri Birendra Pratap Singh, 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-Smt. Asha, seeking enlargement on bail during trial in connection with Case Crime No.251 of 2023, under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, registered at Police Station Bhojipura, District Bareilly.

¶4Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is the mother-in-law of the deceased. The marriage of the deceased Meera with Shivam, the son of the applicant was solemnized on 2.6.2018 after which Shivam died in the year 2021 and then as per FIR it is alleged that she got married with Sumit who was her devar. It is argued that general and omnibus allegations have been made in the FIR against the applicant and her family members. It is further argued that although as per postmortem report, the deceased was found to have received a ligature mark on her body but the cause of death is asphyxia as a result of ante-mortem hanging. Sumit, the present husband of the deceased is in jail. The applicant is a lady and is entitled to get benefit under Section 437 Cr.P.C. The applicant has no criminal history, the said fact is mentioned in para 35 of the affidavit filed in support of bail application. The applicant is in jail since

13.9.2023.

¶5Per contra learned counsel for the State has opposed the prayer for bail.

¶6After hearing the counsel for the parties and perusing the record, it is apparent that the applicant is the mother-in-law of the deceased. General and omnibus allegations have been made in the FIR against the applicant and her family members. The applicant is a lady.

¶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-Smt. Asha, 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 :- 17.11.2023 Gaurav Kuls High Court of Judicature at Allahabad