Allowed

Smt Janki v. State of U.P.

Allahabad HC26 Jun 2018BAIL/23594/2018

Case brief

AI extract

What is this about?

The Court granted bail to the applicant, mother-in-law of the deceased, in a criminal case involving Sections 498A, 304B IPC, and Dowry Prohibition Act. The release was conditioned upon the applicant appearing for evidence, charges, and statements, and complying with specific undertakings to avoid abuse of liberty.

What did the court decide?

Applicant Smt. Janki released on bail on personal bond with two sureties, subject to conditions of attendance and undertaking against adjournment.

Smt Janki Vs State of U.P. — Cheque Dishonour | Allahabad HC (2018)

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Court No. - 1 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23594 of 2018 Applicant :- Smt Janki Opposite Party :- State Of U.P. Counsel for Applicant :- Satya Prakash Rathor,Ashish Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ramesh Sinha,J.

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Heard Sri Satya Prakash Rathor, learned counsel for the applicant and Sri R.K. Maurya, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the applicant is the mother-in-law of the deceased. The marriage between the deceased and applicant's son, namely, Rajendra was solemnized three years ago. 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. The husband of the deceased is in jail. The applicant has no other reported criminal antecedent. The applicant is in jail since 02.06.2018.

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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 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.

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Let the applicant Smt. Janki involved in Case Crime No. 59 of 2018, under Sections 498A, 304B, I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Srinagar, District Mahoba be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of

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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 174-A 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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The case of the applicant is distinguishable from the case of husband of deceased namely Rajendra.

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Order Date :- 26.6.2018/VKG

Smt Janki v. State of U.P.

Case brief

What is this about?

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Smt Janki v. State of U.P.

Case brief

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