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Smt. Kamlesh Kumari vs State Of U.P. on 24 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 11

Case :- BAIL No. – 7059 of 2019

Applicant :- Smt. Kamlesh Kumari

Opposite Party :- State Of U.P.

Counsel for Applicant :- Subodh Kumar Yadav,Jahan Singh Yadav,Pankaj Prasoon,S.K. Verma

Counsel for Opposite Party :- G.A.

Hon’ble Rajeev Singh,J.

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

The present bail application has been filed by the applicant in Case Crime No.835 of 2017, under Sections 498A, Section304-B I.P.C. Section 3/Section4 Dowry Prohibition Act, 1961, Police Station Gosaiganj, District Lucknow.

Applicant is mother-in-law of the deceased. It is submitted that there are general allegations of demand of dowry. As per version of F.I.R. due to non fulfillment of the demand of dowry, deceased was done to death by hanging. Learned counsel for the applicant submits that applicant being mother-in-law does not appear to be the beneficiary of the demand of dowry.

Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.

Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

Let applicant (Smt. Kamlesh Kumari) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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 him 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 his 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 :- 24.7.2019

Ravi Kant

 

 

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