Sunita v. State of U.P. Trhu. Prin. Secy. Home Govt. of U.P. Civil Sectt. Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11974 of 2023 Applicant :- Sunita Opposite Party :- State Of U.P. Trhu. Prin. Secy. Home Govt. Of U.P. Civil Sectt. Lko. Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A.,Pramod Kumar Singh Hon'ble Brij Raj Singh,J.

¶1Heard Shri Ramakar Shukla, learned counsel for the applicant, Ms. Priyanka Pandey, learned AGA for the State and Shri Pramod Kumar Singh, learned counsel for the complainant and perused the record.

¶2The present bail application has been filed by the applicant Sunita, with a prayer to enlarge her on bail in Case Crime No.138 of 2023, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Motigarpur, District Sultanpur.

¶3It is contended by learned counsel for the applicant that applicant is sister in law of the deceased and no specific role has been assigned to the applicant regarding alleged dowry demand. The deceased committed suicide by hanging and cause of death as opined by the doctor is due to asphyxia as a result of ante mortem hanging and there is no allegation of causing death against the applicant. Learned counsel submitted that the applicant has been falsely implicated in the instant case along with other co-accused namely Puneeta who is also sister-in-law has been granted bail by coordinate Bench of this Court in Criminal Misc. Bail Application No.11750 of 2023 vide order dated

03.10.2023 and the case of the applicant is at par with the co-accused. Learned counsel submitted that the applicant is a lady and further requested for the benefit of Section 437 Cr.P.C. The applicant has no criminal history. The applicant is in jail since 22.05.2023.

¶4Learned AGA as well as learned counsel for the complainant opposed the prayer for bail and submitted that it is a case of dowry death and applicant is sister in law of the deceased therefore, her bail is liable to be rejected. However, he could not dispute the fact that the other co-accused Puneeta has been granted bail, who is also sister in law of the deceased.

¶5Considering the facts and circumstances of the case as well as the argument that the other co-accused Puneeta has been granted bail, who is also sister in law of the deceased and further the applicant is a lady, I find it to be a fit case for bail.

¶6Let the applicant, Sunita be released on bail in the above case crime number on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with 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 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 shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of her absence, without sufÏcient 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 during trial 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 absence of the applicant is deliberate or without sufÏcient 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.

¶7It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 10.10.2023 Pks High Court of Judicature at Allahabad, Lucknow Bench