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Smt. Madhuri vs State Of U.P. on 18 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 14

Case :- BAIL No. – 8913 of 2019

Applicant :- Smt. Madhuri

Opposite Party :- State Of U.P.

Counsel for Applicant :- Arvind Kumar

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 Case Crime No.176/2019, under Sections 498A, Section304B, Section504 I.P.C. Section 3/4 D.P. Act, Police Station – Satarikh, District – Barabanki.

The applicant is the mother-in-law. The marriage of co-accused Lalit Kumar (husband) had taken place with the deceased on 9.2.2018 in Mukhya Mantri Samuhik Vivah Yajana. On 21.06.2019, it was informed to the complainant that his daughter was found missing. It is alleged that dead body of the deceased was found hanging in a tree on 22.06.2019. It is further alleged that there was demand of dowry for which she was constantly tortured.

It is stated by learned counsel for the applicant that in fact the deceased had gone to her father’s place and from there, when she was returning, in between somebody had killed her and her body was hanged in the tree. The applicant is the mother-in-law and and she does not appears to be beneficiary of such demand.

Learned A.G.A has opposed the prayer for grant of bail.

Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by 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. Madhuri) be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

(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 :- 18.9.2019

S. Kumar

 

 

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