Smt. Prabhawati v. State of U.P. Thru. Prin. Secy. Home, Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12232 of 2023 Applicant :- Smt. Prabhawati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicant and Sri Vinod Kumar Yadav, learned A.G.A. for the State.

¶2The present bail application has been filed by the applicant with a prayer to enlarge her on bail in Case Crime No.153 of 2023 under sections 304, 308, 323, 452, 504, 506, 34 IPC Police Station Kotwali Kadipur District Sultanpur.

3.It has been submitted by learned counsel for the applicant that general allegation of assault has been levelled against seven accused persons.Learned counsel for the applicant has submitted that the identical role assigned to co-accused Ram Jiyawan Chaurasiya, Mukesh

Chaurasiya,

Dinesh

Chaurasiya, Ashok Chaurasiya have been granted bail by coordinate Bench this Court vide orders dated 04.08.2023,

19.07.2023, 20.07.2023 and 09.08.2023 passed in Criminal Misc. Bail Application Nos. 8281 of 2023, 9060 of 2023, 9140 of 2023, 9711 of 2023 respectively. He also submitted that the case of the applicant is at par with the aforesaid co-accused persons thus, the applicant may also be granted bail on the ground of parity. Learned counsel for the applicant has submitted that the applicant is a lady as such the benefit of section 437 Cr.P.C. may be extended to her. The applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tempering with the witnesses and in case, the applicant is enlarged on bail, she shall not misuse the liberty of bail. The applicant is in jail since

07.08.2023.

¶4Learned A.G.A. though opposed the prayer for bail but could not dispute the fact that Ram Jiyawan Chaurasiya, Mukesh

Chaurasiya,

Dinesh

Chaurasiya, Ashok Chaurasiya have been granted bail by this Court .

¶5Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and looking into overall facts and circumstances of the case as well as the argument that the case of the applicant is at par with the case of co-accused Ram Jiyawan Chaurasiya, Mukesh Chaurasiya, Dinesh Chaurasiya, Ashok Chaurasiya, who have been granted bail by this Court and the argument that the applicant is lady as such the benefit of Section 437 Cr.P.C. may be granted to her, therefore, I am of the opinion that the applicant is entitled to be released on bail on the ground of parity.

¶6Let the applicant, namely,Smt. Prabhawati, 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 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 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 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. It 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 :- 13.10.2023 dk/ High Court of Judicature at Allahabad, Lucknow Bench