HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 27
Case :- BAIL No. – 297 of 2020
Applicant :- Smt. Jaywasa
Opposite Party :- State of U.P.
Counsel for Applicant :- Sharvan Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon’ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The applicant is mother-in-law of the deceased and is aged about 70 years. The applicant was married to the deceased several years ago before the date of incident. The deceased died in suspicious circumstances and the dead body of the deceased was disposed of by the husband of the applicant and son of the applicant. Consequently, charge sheet was submitted under Section 498A, 306, 201, 504, 506, 352 I.P.C.
Learned counsel for the applicant submits that the deceased committed suicide and the applicant is not responsible in any manner for abetment to suicide. Earlier also the applicant filed a writ petition under Article 226 bearing No. 20503 (M/B)/2018, wherein vide order dated 19.07.2018 the Hon’ble Court granted protection to the petitioner considering the age of the applicant and also the fact that she is taking care of the child of the deceased. The order passed by the Division Bench is also on record. It is next submitted that the co-accused Chhotu/father-in-law has been enlarged on bail by the coordinate Bench of this Court vide order dated 20.12.2018 passed in Bail No. 7709/2018. Learned counsel for the applicant claims parity with the order of the co-accused.
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.
Considering the fact that the applicant is a lady, she is aged about 70 years and also that she was taking care of the child of the deceased and further that conclusion of trial may take substantial time and also considering the nature of allegations, arguments advanced by learned counsel for the parties, for the period for which she is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant, Smt. Jaywasa, involved in Case Crime/F.I.R. No. 98/2018, under Sections 498A, 306, 201, 504, 506 and 352 IPC, Police Station – Gilaula, District – Shravasti, 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) 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.
(v) 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.
(vi) 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.
Order Date :- 10.1.2020