HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 16
Case :- BAIL No. – 9313 of 2019
Applicant :- Smt. Geeta Singh
Opposite Party :- State Of U.P.
Counsel for Applicant :- Arun Sinha,Siddhartha Sinha
Counsel for Opposite Party :- G.A.
Hon’ble Pankaj Bhatia,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge on bail in Case Crime No. 606 of 2019, under Sections 498A, Section304-B IPC and Section 3/4 D.P. Act, Police Station Kotwali Sadar, District Unnao.
Learned counsel for the applicant submitted that a general FIR implicating all the relatives was filed. He also argued that the applicant stays with her husband at the distance of 30 kilometers, and in the evidence recorded so far, the name of the applicant has not been taken to establish the complicity of the applicant with the crime in question. He has further drawn my attention to the statement of the sister of the deceased, who has made allegations only against the husband. It is also argued that the applicant is of 50 years age. She has no criminal antecedents and is in custody since 19.5.2019. It is also argued by the counsel for the applicant that the applicant being the mother-in-law has been arrested without there being any role assigned in either the FIR or the statements recorded. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
Learned AGA has opposed the bail prayer of the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail.
Let the applicant-Smt. Geeta Singh involved in aforesaid case crime be released on bail on her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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 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, 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 :- 26.9.2019