Anticipatory bail application allowed for applicant Sharda Devi accused in 498A/304B IPC case. Court ensured bail by imposing strict conditions to ensure presence and prevent abuse of liberty during trial.
Released on bail with personal bond and two sureties subject to strict undertaking not to seek adjournments and remain present in court.
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Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10863 of 2018
Applicant :- Sharda Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Swati Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Rekha Dikshit,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that accused applicant has falsely been implicated in the present case. It is further submitted that the applicant is mother-in-law and is old lady of 67 years. The applicant is living separately. The accused applicant is languishing in jail since 24.01.2018. It is next submitted that the applicant is neither a previous convict nor she has any criminal history. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, she 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 applicant.
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 tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant, namely, Sharda Devi involved in Case Crime No.3 of 2018, under Sections 498A, 304B IPC & 3/4 D.P. Act, Police Station Mardah, District Ghazipur, be released on bail on her 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 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 his 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 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 :- 23.3.2018 Anupam S/-
3 issues framed by the court
Whether the applicant, alleged mother-in-law accused of cruelty, is entitled to bail.
Whether there is reasonable apprehension of witness tampering justifying bail rejection.
Whether the applicant satisfies prima facie satisfaction of the Court in support of the charge.
3 provisions across 2 enactments
Sharda Devi
Rekha Dikshit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
