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Smt. Mithilesh Kumari vs State Of U.P. on 16 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 12

Case :- BAIL No. – 9710 of 2019

Applicant :- Smt. Mithilesh Kumari

Opposite Party :- State Of U.P.

Counsel for Applicant :- Amrendra Kumar

Counsel for Opposite Party :- G.A.

Hon’ble Rajesh Singh Chauhan,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

It has been contended by the learned counsel for the applicant that the applicant is in jail since 1.7.2019 in Case Crime No. 0095 of 2019 u/s 498A, 304B SectionIPC 3/4 D.P. Act, P.S. Rampur Mathura, District Sitapur. The contention of learned counsel for the applicant is that the present applicant is mother-in-law of the deceased who has committed suicide under compelling circumstances. It has further been contended that there were no demand of dowry by the present applicant and she was having cordial relation with her daughter-in-law. As a matter of fact she has been wrongly impleaded in this case. Even in the F.I.R. no specific role has been assigned to the present applicant only a general allegation has been levelled, therefore, in the given circumstances the present applicant may be granted bail. It has further been submitted that she shall not misuse the bail order and shall abide by the terms and conditions imposed by the Court.

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 aforesaid facts and circumstances, the applicant is entitled to be released on bail in this case.

Let the applicant Smt. Mithilesh Kumari, involved in Case Crime No. 0095 of 2019 u/s 498A, 304B SectionIPC 3/4 D.P. Act, P.S. Rampur Mathura, District Sitapur be released on bail on his 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 shall file an undertaking to the effect that he 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 his counsel. In case of his 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 him, 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 him in accordance with law.

Order Date :- 16.10.2019

Om

[Rajesh Singh Chauhan, J.]

 

 

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