Savitri v. State of U.P. Thru.Secy. Home Deptt. U.P Govt. Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5889 of 2023 Applicant :- Savitri Opposite Party :- State Of U.P. Thru.Secy. Home Deptt. U.P Govt. Lko Counsel for Applicant :- Dinesh Kr. Sharma,Arshad Hafeez Khan,Farooq Ayoob Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicant, Sri Vishwas Saraswat, learned A.G.A. for the State and perused record.

¶2The present bail application has been filed by the applicant for bail in Case Crime No.34 of 2023 under Section 498-A/306 IPC PS Satrikh district Barabanki.

¶3Learned counsel for the applicant has submitted that statements of PW-1 brother, PW-2 husband and PW-3 mother of deceased have been recorded and all of them have not supported the prosecution case. PW-1 brother of deceased has deposed before the Court that no dowry was ever demanded by the inlaws and his sister was suffering from mental illness. He has further deposed that she tried to commit suicide many times prior to marriage. He further deposed that statement recorded by the police was not seen by him. Thus, prosecution case has been denied by the PW-1 who is brother of deceased.

¶4Similarly, PW-2 husband and PW-3 mother of deceased have been declared hostile. Learned counsel for the applicant has submitted that at the moment, it cannot be inferred that the applicant was involved in commission of crime, because the fact witnesses PW-2 and 3 have been declared hostile by the Trial Court. He has submitted that the applicant has no criminal history and he is in Jail since 30.1.2023.

¶5On the other hand, learned A.G.A. opposed the bail but could not dispute the fact that PW-1 brother of deceased has not supported the prosecution case and PW-2 husband of deceased and PW-3 mother of deceased who are fact witnesses, have been declared hostile by the Trial Court.

¶6Considering over all facts and circumstances of the case, the argument that PW-1 brother of deceased has not supported the prosecution case and PW-2 husband of deceased and PW-3 mother of deceased who are fact witnesses, have been declared hostile by the Trial Court, it is a fit case for bail.

¶7Let the applicant, namely, Savitri 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.

¶8It 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 :- 7.11.2023 Rajneesh JR-PS) High Court of Judicature at Allahabad, Lucknow Bench