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Smt. Asha Devi vs State Of U.P. on 3 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 14

Case :- BAIL No. – 8334 of 2019

Applicant :- Smt. Asha Devi

Opposite Party :- State Of U.P.

Counsel for Applicant :- Ajai Kishore Singh,Rakesh Singh Parihar

Counsel for Opposite Party :- G.A.

Hon’ble Anant Kumar,J.

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

This bail application has been filed on behalf of the applicant involved in Case Crime No.288 of 2019, under Sections 498A, Section304B I.P.C. and 3/4 of SectionDowry Prohibition Act, Police Station- Gosainganj, District- Lucknow.

As per version of F.I.R. the applicant is mother-in-law of the deceased. It is alleged that marriage of the deceased had taken place with Sunil Kumar on 28.11.2017. It is stated that as an additional dowry one Motor-cycle and Rs.1.00 Lakh cash was demanded and due to non-fulfillment of the same, she was beaten and was done to death on 30.042019 by throttling. She was referred to Neuro Hospital, Sarsava, Lucknow, where she was declared dead. It is stated by learned counsel for the applicant that the allegations of demand of dowry are vague in nature.

Opposing the prayer for bail, learned A.G.A. has stated that in the post mortem report along with ligature mark, six other injuries were found on different parts of the body, which cannot find, if the deceased had committed suicide. Since the applicant is mother-in-law. She is a lady and she does not appear to be beneficiary of demand of dowry. She is languishing in jail since 27.05.2019.

Considering the facts and circumstances of the case and the submission advanced, the applicant is entitled to be released on bail. The bail application is allowed.

Let the applicant Smt. Asha Devi be released on bail in the above case on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to following additional 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 his 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.

However, it is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.

Order Date :- 3.9.2019

sks

 

 

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