Allowed

Smt Bhagwati v. State of Up

Allahabad HC26 Jun 2018BAIL/23396/2018

Case brief

AI extract

What is this about?

The court granted bail to the applicant, an old lady accused under Sections 498A, 304B IPC and DV Act, releasing her on a personal bond with sureties and strict conditions to prevent abuse of bail and ensure court attendance.

What did the court decide?

Applicant released on bail on furnishing a personal bond with two sureties subject to specific conditions regarding court attendance and prohibition of adjournments.

Smt Bhagwati Vs State of Up — Bail and Remand | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23396 of 2018

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Applicant :- Smt Bhagwati Opposite Party :- State Of Up Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ramesh Sinha,J.

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Heard Sri Vinod Singh,learned counsel for the applicant, Sri Amit Singh Chauhan, learned A.G.A. appearing for the State and perused the record.

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It has been contended by the learned counsel for the applicant that the applicant who is mother-in-law of the deceased is an old lady aged about 68 years and has been falsely implicated in the present case. He further submits that the marriage between the deceased and applicant's son, namely, Lakhan was solemnized 3-1/2 years prior to the incident. Only general allegation has been levelled against the applicant. There is no dying declaration against the applicant nor there is any eye witness account of the incident. He next argued that the cause of death of the deceased is asphyxia as a result of ante mortem hanging. The applicant is in jail since 30.4.2018.

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Learned A.G.A. opposed the prayer for bail.

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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 tampering 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.

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Let the applicant-Smt. Bhagwati involved in Case Crime No.13 of 2018, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station Kakod, District Bulandshahr be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(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.

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(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.

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(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 174A of the Indian Penal Code.

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(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.

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Order Date :- 26.6.2018/NS

Smt Bhagwati v. State of Up

Case brief

What is this about?

What did the court decide?

Smt Bhagwati v. State of Up

Case brief

What is this about?

What did the court decide?

What the court decided

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