HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 12
Case :- BAIL No. – 6868 of 2019
Applicant :- Nirmala Devi @ Basawahin
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon’ble Mrs. Rekha Dikshit,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that accused applicant has falsely been implicated in the present case. Accused applicant is mother-in-law of the deceased and is an old ailing lady. She had neither made any demand of dowry either from the deceased or her family members or tortured the deceased. No specific role has been assigned to the accused applicant. It is further submitted that the deceased received accidental burn injuries during cooking food in the house and succumbed to burn injuries. At the same time, chhappar of the house of accused applicant also caught fire and her whole house had also burnt in the incident. The family members of the deceased were informed about the alleged incident.
The accused applicant is languishing in jail since 19.3.2019. It is next submitted that the applicant is neither a previous convict nor she has any criminal history. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses . In case the applicant is enlarged on bail, she shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Nirmala Devi @ Basawahin involved in Case Crime No. 92 of 2019, under Sections 498A,Section304B IPC and Sectionsection 3/Section4 Dowry Prohibition Act, Police Station Kunda, District Pratapgarh be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(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.
Order Date :- 18.7.2019