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Firoj Bano @ Tiya vs State Of U.P. on 24 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 7

Case :- BAIL No. – 10098 of 2019

Applicant :- Firoj Bano @ Tiya

Opposite Party :- State Of U.P.

Counsel for Applicant :- Ashok Kumar Singh,Rohit Kumar Singh

Counsel for Opposite Party :- G.A.

Hon’ble Rajan Roy,J.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

This bail application has been preferred by the accused- applicant -Smt. Firoj Bano @ Tiya, who is involved in Case Crime No. 261 of 2019, under Sections- 498-A, 307, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Jaidpur, District- Barabanki.

The applicant herein is the married sister-in-law of the informant. Furthermore, the learned counsel for the applicant has invited the attention of the Court to the medical report which mentions superficial burn injuries which are simple in nature. The learned counsel for the applicant has also contended that the informant is a divorcee and she had lodged an F.I.R. against her first husband also as is evident from the questionnaire filed by the applicant as Annexure No. 2 to the application for enlargement of bail which shows that the F.I.R. was lodged by her against her first husband under Sections 498A, 323, 506 I.P.C. and 3/4 D.P. Act.

Learned A.G.A. has opposed the bail on the ground of facts narrated in the F.I.R.

In view of the facts and circumstances of the case and rival contentions, without further entering into the merit of the case, I am of the opinion that the accused-applicant Smt. Firoj Bano @ Tiya is entitled to be released on bail.

The application is allowed.

Let applicant ? Smt. Firoj Bano @ Tiya be released on bail in the aforesaid case crime number on her furnishing personal bond and two heavy sureties of the like amount to the satisfaction of the 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 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with law.

(v) In case, applicant threatens the witnesses then prosecution will be at liberty to move application for cancellation of his bail.

Order Date :- 24.10.2019

R.K.P.

 

 

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