Smt. Chhotki v. State of U.P. Thru. Secy. Deptt. of Home Sectt. Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12479 of 2023 Applicant :- Smt. Chhotki Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Sectt. Lko Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Upendra Kumar Singh, Advocate holding brief of Shri Dinesh Kumar Chaudhary, learned counsel for the applicant, Shri Asif Khan, learned AGA for the State and perused the record.

¶2The present bail application has been filed by the applicant with a prayer to enlarge her on bail in Case Crime No.84 of 2023, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Shriduttganj, District Balrampur.

¶3It is contended by learned counsel for the applicant that applicant is mother-in-law of the deceased, aged about 56 years. General allegations of dowry demand has been levelled against the applicant. Further submission is that the deceased committed suicide. It is further contended that co-accused Chhotu Maurya, father-in-law has been granted bail by this Court in Criminal Misc. Bail Application No.11606 of 2023 vide order dated 26.09.2023 as such the case of the applicant is at par with the case of co-accused. Learned counsel has further requested for the benefit of Section 437 Cr.P.C. The applicant has no criminal history. The applicant is in jail since 09.06.2023.

¶4Learned AGA has opposed the prayer for bail but could not dispute the fact that co-accused Chhotu Maurya, father-in-law has been granted bail by this Court.

¶5Considering the facts and circumstances of the case as well as the argument that general allegation of dowry demand has been levelled; argument that there are general allegations of dowry demand, argument that co-accused Chhotu Maurya, father-in-law has been granted bail and further the applicant is a lady, I find it to be a fit case for bail on the ground of parity.

¶6Let the applicant, Smt. Chhotki 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 :- 19.10.2023 Pks High Court of Judicature at Allahabad, Lucknow Bench