HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 54389 of 2019
Applicant :- Smt Hasnain Janah
Opposite Party :- State of U.P.
Counsel for Applicant :- Prakash Chandra Srivastava
Counsel for Opposite Party :- G.A.
Hon’ble Ramesh Sinha,J.
Sri Girish Tiwari, learned Advocate, has filed his Vakalatnama on behalf of the complainant today in Court, which is taken on record.
Heard Sri P.C.Srivastava, learned counsel for the applicant, Sri Girish Tiwari, learned counsel for the complainant, Sri Gaurav Pratap Singh, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is the mother-in-law of the deceased and has been falsely implicated in the present with malafide intention. The marriage between the deceased and applicant’s son, namely, Riyajul Haq was solemnized on 26.10.2013. It is alleged that all the family members of the applicant including the husband and unmarried daughter of the applicant have also been roped in the present case. He further argued that no doubt it is a case of smothering but at the most the husband of the deceased can be held liable for the death of the deceased, who might have some bitterness with her. Only general allegation has been levelled against the applicant. There is no dying declaration of the deceased. The husband of the deceased is in jail. The applicant has no other reported criminal antecedents. The applicant is in jail since 2.5.2019.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail and submitted that the victim has sustained ante mortem injuries on her person, to which learned counsel for the applicant submits that it is only the case of smothering and eight accused persons including the applicant have been named in the FIR.
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-Smt. Hasnain involved in Case Crime No.74 of 2019, under Sections 498A, Section304-B, Section302, Section323 I.P.C. and Section 3/4 D.P. Act, Police Station Dilari, District Moradabad be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned and the court concerned shall take an undertaking from the sureties that the properties movable/immovable which are the basis of accepting the surety, shall not be disposed of by them during the pendency of the trial with 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 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.
(v) The applicant shall surrender his passport, if any, before the trial court shall furnish an undertaking not to leave the country until permission is obtained by him from this Court or till the conclusion of the trial.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of one year from the date of production of a certified copy of this order, if, there is no legal impediment.
The case of the applicant is distinguishable from the case of co-accused Riyajul Haq (husband of the deceased) and other male/family members of the husband of the deceased.
Order Date :- 7.12.2019/NS