SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Neelmani vs State Of U.P. on 21 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 14

Case :- BAIL No. – 11005 of 2018

Applicant :- Neelmani

Opposite Party :- State Of U.P.

Counsel for Applicant :- Sandeep Singh,Anupesh Kumar

Counsel for Opposite Party :- G.A.

Hon’ble Anant Kumar,J.

Supplementary affidavit filed today is taken on record.

Today lawyers are abstaining from judicial work. Shri Ramesh Prasad Yadav, father of the applicant is present in person and has placed the facts of the case.

The present bail application has been filed by the applicant in Case Crime No.139 of 2018, under Sections 498A, Section304B I.P.C. Section 3/4 D.P. Act, Police Station Masauli, District Barabanki.

Applicant is husband of the deceased. As per version of F.I.R. marriage of the deceased had taken place with the applicant on 10.05.2013. It is alleged that as additional dowry Rs.2.00 Lakhs were demanded and due to non fulfillment of the said demand, she was done to death by burning by pouring kerosene oil. It is submitted by Shri Ramesh Prasad Yadav that infact at the time of incident, deceased was cooking food in the house and while cooking food fire caught from the Chulha and at the time of incident nobody was present in the house. Applicant was doing a shop and at the time of incident he was in the shop. On getting information he rushed to the house and took the deceased to the hospital. During the course of investigation statement of neighbour Sarita was recorded who confirmed that on 31.05.2018 deceased caught fire and she was shrieking and having heard the commotion she had seen the occurrence from her window. As per medical papers applicant had taken her to hospital and admitted her. In the post mortem report there is no smell of kerosene oil on the body of the deceased. So, the contention of the F.I.R. that she was done to death by pouring kerosene oil does not appear to be correct. Applicant is in jail for about one and half years.

Learned A.G.A has opposed the prayer for grant of bail.

Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

Let applicant (Neelmani) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-

(i) 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.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him 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 his 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 him, 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 him in accordance with law.

Order Date :- 21.8.2019

ML/-

 

 

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link
MyNation Times Magzine


All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

Recent Comments

STUDY REPORTS

Copyright © 2024 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation