Giraja Devi v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48310 of 2023 Applicant :- Giraja Devi Opposite Party :- State of U.P. Counsel for Applicant :- Prem Shankar,Ashok Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Ashok Kumar Yadav, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I 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 Giraja Devi, seeking enlargement on bail during trial in connection with Case Crime No. 257 of 2023, under Sections 304, 34, 504 IPC and Section, registered at P.S. Rudrapur, District Deoria.

¶4Learned counsel for the State states that he has received instructions for which time was granted to him vide order dated

09.11.2023.

¶5The FIR of the matter was lodged on 23.06.2023 under Sections 302, 504, 34 IPC by Smt. Janki Nishad alleging therein that her jeth Mewa Lal Nishad who is co-accused used to have quarrel with her husband regularly. The allegation is that on 22.06.2023 at about 08:00 pm due to some dispute with regards to plucking of mangoes, the accused persons started abusing her husband and assaulted him with a lathi due to which he received injury and died.

¶6Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is the wife of Mewa Lal Nishad. It is argued that although the deceased Nand Lal Nishad was found to have received three multiple abrasions on his body but the cause of death was opined as cardio pulmonary arrest due to antemortem cardiac infarction. It is argued that the same would go to show that the death is a natural death due to heart attack. It is argued that in so far as the three injuries received by the deceased are concerned, the same had no internal damage and could not have been contributed to his death. It is argued that during investigation Section 302 IPC was converted into Section 304 IPC. It is argued that the dispute between the parties was a sudden quarrel due to plucking of mangoes without any premeditation. It is further argued that the applicant is a lady and she is entitled to the benefit of Section 437 Cr.P.C. It is argued that the applicant has no criminal history as stated in para 32 of the affidavit and is in jail since 24.06.2023.

¶7Per contra, learned counsel for the State opposed the prayer for bail.

¶8After having heard learned counsels for the parties and perusing the records, it is evident that although the deceased Nand Lal Nishad was found to have received three multiple abrasions on his body but his death is a natural death due to heart attack. During investigation Section 302 IPC was converted into Section 304 IPC. It appears that the dispute between the parties was a sudden quarrel due to plucking of mangoes. The applicant is a lady.

¶9Looking 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.

¶10Let the applicant Giraja 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.

¶11The 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.

¶12The bail application is allowed. Order Date :- 28.11.2023 M. ARIF (Samit Gopal, J.) High Court of Judicature at Allahabad