Maya Devi v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12517 of 2023 Applicant :- Maya Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava,Rahul Saxena Counsel for Opposite Party :- G.A.,Arvind Kumar Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State, Sri Arvind Kumar, learned counsel for the informant and perused the material on record.

¶2Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is the father-in-law of the deceased. The applicant never demanded dowry or did she torture the deceased. In fact, the applicant never interfered in the domestic life of the deceased and her husband. The applicant is bereaved by the death of his daughter-in-law and prays for peace of the departed soul. However, for the purpose of the bail application, it is submitted that though poison has been found in the F.S.L. report but the applicant has no concerned with the same, since the sole allegation has been levelled by the P.W.1 in his statement recorded before the Court below is against the husband-Shobhit and therefore the applicant has been falsely roped in the present case. The applicant did not abet or instigate the deceased to commit the suicide. The applicant does not have any criminal history apart from the instant case. The applicant is a old aged person, who resides in Pilibhit with her family. The applicant is not a flight risk. The applicant is a law abiding citizen who has cooperated with the police investigation and shall join the trial proceeding. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. He lastly submits that the mother-in-law namely Smt. Shiv Kumar who has been similar role as assigned to the applicant has been enlarged on bail by co-ordinate Bench of this Court dated 10.04.2023 passed in Criminal Misc. Bail Application No. 9956 of 2022, copy of which has been produced before this Court and is taken on record. The applicant is in jail since 04.12.2022.

¶3Learned AGA as well as learned counsel for the informant could not satisfactorily dispute the aforesaid submissions from the record. They does not contest the criminal history of the applicant as disclosed in the bail application.

¶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 applicant has made out a case for bail. Hence the bail application is allowed.

¶5Let applicant Maya Devi involved in Case Crime No.177 of 2022 under Sections 498A, 304-B I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Sehusma Deviu Uttari, District Pilibhit 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 applicant shall file an undertaking to the effect that she 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 applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code. III. In case, the applicant misuses the liberty of bail 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. IV. 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 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 her bail and proceed against her 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 applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 20.11.2023 S.Ali High Court of Judicature at Allahabad