Kumari Kirti v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41811 of 2023 Applicant :- Kumari Kirti Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Khare Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶2Learned counsel for the applicant submits that applicant is the sister-in-law (Nand) of the deceased and she is innocent and has falsely been implicated in the present case. Learned counsel further submits that initially F.I.R. was lodged under Section 302 I.P.C. on the basis of application moved under Section 156(3) Cr.P.C. against the applicant and two other persons who are husband and father-in-law of the deceased whereas applicant is the sister-in-law of the deceased. Learned counsel for the applicant further submits that due to illicit relationship of husband of the deceased with other woman, all the accused persons administered poison to the deceased, on account of which she died. Learned counsel for the applicant further submits in the postmortem of the deceased no injury was found on the person of the deceased and her viscera was preserved. Learned counsel for the applicant further submits in the supplementary affidavit dated 01.11.2023 he has filed additional statement of the first informant recorded under Section 161 Cr.P.C., which is a part of case diary, who in his statement has stated that during course of investigation the case was converted into Section 306 I.P.C., the deceased was his niece, her marriage was solemnized with the co-accused Ashish Singh in the year 2008, he was informed through telephone regarding death of her niece, her niece was a short tampered lady, the in-laws of her niece are not involved in commission of offence. Learned counsel for the applicant further submits that there is no independent or eye witness of the incident, the applicant had not instigated the deceased to commit suicide and 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 she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon her. He next submits that applicant is languishing in jail since 16.08.2023, having no criminal history.

¶3Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that applicant is involved in a heinous crime, but he has not disputed the aforesaid submissions made by the learned counsel for the applicant.

¶4After 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, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

¶5Let applicant-Kumari Kirti, involved in Case Crime No. 175 of 2022, under Section 306 I.P.C., Police Station Kotwali Kalpi, District Jalaun, 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 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.

¶6The 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 in accordance with law.

¶7The bail application is allowed. Order Date :- 23.11.2023 Mustaqeem. High Court of Judicature at Allahabad