HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 14
Case :- BAIL No. – 9047 of 2019
Applicant :- Smt. Karma Devi
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Srivastava
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.
The present bail application has been filed by the applicant in F.I.R./Case Crime No.301 of 2018, under Sections 498A, Section304B I.P.C. and Section 3/Section4 of the Dowry Prohibition Act, Police Station Patti Kotwali, District Pratapgarh.
As per version of F.I.R. marriage of the deceased had taken place with the co-accused Vijendra Kumar about two and half years back. It is stated that as additional dowry Rs.2.00 Lakh was demanded and due to non fulfillment of the said demand, she was put to burn on 10.10.2018. She was taken to District Hospital, Pratapgarh from where she was referred to Allahabad but in place of Allahabad she was taken to District Hospital Sultanpur and from there she was taken to Lucknow where she died on 31.10.2018. F.I.R. was lodged on 01.11.2018.
It is submitted that applicant is a lady and is mother-in-law. She is not the beneficiary of the demand of dowry. Occurrence had taken place in the kitchen. Since the applicant is a lady and she does not appear to be the beneficiary of the demand of dowry, she may be granted bail, it is submitted.
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. Karma Devi) be released on bail in the aforesaid case crime number on her 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 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.
Order Date :- 20.9.2019