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Kanchan Devi vs State Of U.P. on 29 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 36737 of 2019

Applicant :- Kanchan Devi

Opposite Party :- State of U.P.

Counsel for Applicant :- Neelam Pandey

Counsel for Opposite Party :- G.A.

Hon’ble Siddharth,J.

Counter affidavit by learned AGA is taken on record.

Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.

Submission is that the applicant is the sister-in-law (jethani) of the deceased. She is residing with her husband separately and her husband, Shrawan Shukla, has been enlarged on bail vide order dated 03.12.2019 in Criminal Misc. Bail Application No.53529 of 2019. The prayer for release of the applicant on bail on the ground of parity has been made. The applicant is languishing in jail since 09.07.2019.

On the other hand learned AGA opposed the prayer for bail.

Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.

Let the applicant, Kanchan Devi, involved in case crime No.201 of 2019 under sections 498A, 304-B I.P.C and 3/4 D.P. Act, Police Station Khalilabad, District Sant Kabir Nagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

(i) The applicant shall not tamper with the evidence or threaten the witnesses.

(ii) The applicant shall file an undertaking to the effect that he 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.

(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.

(v) 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 him in accordance with law.

In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

Order Date :- 29.1.2020

SS

 

 

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