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Smt. Ram Kumari vs State Of U.P. on 19 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 14

Case :- BAIL No. – 12464 of 2019

Applicant :- Smt. Ram Kumari

Opposite Party :- State of U.P.

Counsel for Applicant :- Rajesh Kumar Awasthi

Counsel for Opposite Party :- G.A.

Hon’ble Irshad Ali,J.

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

This bail application has been preferred by the accused-applicant, Smt. Ram Kumari, who is involved in Case Crime No.467 of 2019 under Sections 498A, Section304B of the Indian Penal Code and Sections 3/Section4 of the Dowry Prohibition Act, Police Station Kaisarganj, District Bahraich.

Allegation in the F.I.R. is that Smt. Pooja was murdered by one Rangi Lal @ Lalta Prasad and after her death, F.I.R. was lodged naming Rangi Lal @ Lalta Prasad as the main accused.

Submission of learned counsel for the applicant is that the applicant has falsely been implicated in the case. There is no role assigned in the murder of deceased (Smt. Pooja). The applicant is innocent and in no manner is involved in the said incident. The applicant is in jail since 14.10.2019.

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.

In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail. Accordingly, this application for bail is allowed.

Let applicant, Smt. Ram Kumari, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the 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 :- 19.12.2019

GK Sinha

 

 

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