Shanti Devi v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14956 of 2023 Applicant :- Shanti Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sarjoo Ram,Aklavya,Mamta Rawat Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Sarjoo Ram, learned counsel for the applicant, Shri Rajnish Kumar Verma, 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.0029 of 2023, under Sections 498-A, 304B I.P.C. and 3/4 D.P. Act, Police Station Baghrai. District Pratpgarh.

¶3It is submitted by learned counsel for the applicant that general allegation of dowry demand has been levelled in the FIR lodged by the mother of the deceased and it is mentioned in the FIR that marriage of deceased was performed with the son of applicant in a temple and thereafter vidai took place. The post mortem report indicates that no external or internal injury has been found on the person of the deceased and cause of death is not ascertained and viscera was preserved. It is further submitted that there is no question for demand of dowry because admittedly, the marriage was performed out of love of the son of the applicant with deceased.

¶4It is also submitted that co-accused Kallu Saroj father-in-law has been granted bail by this Court in Criminal Misc. Bail Application No.7580 of 2023 vide order dated

01.11.2023 as such the case of the applicant is at par with the co-accused. Learned counsel submits 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 11.04.2023.

¶5Learned AGA has opposed the prayer for bail but could not dispute the fact that co-accused Kallu Saroj father in law has been granted bail by this Court.

¶6Considering the facts and circumstances of the case as well as the argument that general allegation of dowry demand has been levelled; argument that no injury is found on the person of the deceased; argument that co-accused Kallu Saroj father in law has been granted bail and further the applicant is a lady, I find it to be a fit case for bail.

¶7Let the applicant, Shanti Devi 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.

¶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 :- 18.12.2023 Pks High Court of Judicature at Allahabad, Lucknow Bench