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Smt Rita Devi vs State Of U.P. on 18 March, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 52

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 11485 of 2020

Applicant :- Smt Rita Devi

Opposite Party :- State of U.P.

Counsel for Applicant :- Satya Narayan Yadav

Counsel for Opposite Party :- G.A.

Hon’ble Neeraj Tiwari,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

It is contended by the learned counsel for the applicant that the applicant is an innocent lady and she has been falsely implicated in the present case due to ulterior motive. A frivolous FIR has been lodged against the applicant and other co-accused. The incident took place after nine year from the date of marriage and deceased was also having two children out of their wedlock. There is no specific allegation against the applicant and as per postmortem report, cause of death is hanging as ligature mark found on the neck. Applicant has no criminal history. It is next contended that other co-accused, namely, Hari Singh and Hari Prasad have been acquitted by the Court below vide order dated 26.07.2019. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail 14.02.2020 and in case she is enlarged on bail, she will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.

Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Smt Rita Devi involved in case crime No. 465 of 2018, under Sections 302, 498A IPC and 3/4 D.P. Act, police station Ghiror, District Mainpuri be released on bail on her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-

(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 his 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 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 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.

However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.

Order Date :- 18.3.2020

Arvind

 

 

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