Neelam v. State of U.P. Thru. Prin. Secy

Court No. - 8 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 927 of 2023 Applicant :- Neelam Opposite Party :- State Of U.P. Thru. Prin. Secy. Counsel for Applicant :- Rajiv Raman Srivastava Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.

¶1Heard Mr. Adesh Shukla, Advocate, holding brief of Mr. Rajiv Raman Srivastava, learned counsel for the accused-applicant, as well as Mr. Brijendra Vikram Singh, learned Additional Government Advocate on this 2nd bail application, and gone through the entire record.

¶2By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0151 of 2014, under Sections 364, 307, 302, 201, 120-B and 147 IPC lodged at Police Station Manpur, District Sitapur.

¶3Allegation against the accused-applicant is that she, along with her husband, killed Ruchi Mishra with whom the husband of the accused-applicant had illicit relation. The accused-applicant has been languishing in jail since 03.09.2014 and almost all the witnesses of fact have been examined in the Court.

¶4Considering long incarceration of the accused-applicant in jail, pending trial and without commenting upon merit of the case, I find it to be a fit case for grant of bail.

¶5Let applicant-Neelam accused of above-mentioned FIR/crime number, be released on bail on her furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-

(i) the applicant(s) shall file an undertaking to the effect that she shall not seek any adjournment on the dates 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;

(ii). the applicant(s) 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(s) misuse(s) the liberty of bail and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and

(iv) the applicant(s) 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. [D.K. SINGH, J.] Order Date :- 23.5.2023 MVS/- High Court of Judicature at Allahabad, Lucknow Bench