HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 12
Case :- BAIL No. – 8803 of 2019
Applicant :- Smt. Kusuma Devi Anr.
Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiva Dubey
Counsel for Opposite Party :- G.A.
Hon’ble Mrs. Rekha Dikshit,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
Learned counsel for the applicants submitted that accused applicants have falsely been implicated in the present case. Firs information report has been lodged with delay of about 22 days without giving any plausible explanation. Accused applicants happen to be mother in law and father in law, respectively, of the deceased. They were living separately from the deceased. General allegation has been levelled against the accused applicants.They had neither made any demand of dowry nor tortured the deceased. As per the post mortem report, no ante mortem injury was found on the body of the deceased. The deceased consumed some poison substance herself. In the viscera report, organo chloro insecticide poison was found.
The accused applicants are languishing in jail since 28.5.2019. It is next submitted that the applicants are neither a previous convict nor they have any criminal history. It is further submitted that there is no possibility of the applicants of fleeing away from judicial custody or tampering with the witnesses. In case the applicants are enlarged on bail, they 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 applicants.
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 applicants are entitled to be released on bail in this case.
Let the applicants Smt. Kusum Devi and Dila Ram alias Dula Ram involved in Case Crime No. 364 of 2018, under Sections 498A,Section304B IPC and Sectionsection 3/Section4 of the Dowry Prohibition Act, Police Station Mailani, District Lakhimpur Kheri be released on bail on their 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants 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 them in accordance with law.
Order Date :- 16.9.2019