The High Court准予 bail to an applicant arrested under Sections 308/506 IPC in a domestic dispute case. The court relied on Supreme Court precedent and observed the applicant had served over seven months in jail without antecedents.
Released on bail on furnishing personal bond and two heavy sureties of Rs. 1 Lakh each, subject to strict conditions.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30196 of 2019
Applicant :- Tuhina Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.,S.M.A.Abdi
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri S.M.A. Abdi filed counter affidavit on behalf of informant as well as Sri Prashant Kumar learned A.G.A for the State has also filed counter affidavit on behalf of State today are taken on record.
Heard Sri Ajay Kumar, learned counsel for the applicant as well as Sri S.M.A Abdi learned counsel for the informant and Sri Prashant Kumar, learned counsel for the State as well as perused the material on record.
The present bail application has been filed by the applicant- Tuhina with a prayer to enlarge him on bail in Case Crime No. 1388 of 2017, under Sections 308/506 I.P.C., Police StationSikandra, District Agra, during the pendency of the trial.
Learned counsel for the applicant has argued that as per the allegation made by the first informant, who is the father-in-law of the applicant, the applicant was married with his son Saurabh Srivastava and he is resided alongwith his wife-applicant as well as his in-laws namely Sujata Saxena mother-in-law of Saurabh Srivastava and Sunil Saxena (father-in-law of Saurabh Srivastava). There happens frequent disputes between the applicant and her husband due to which on the night of the date of incident his son was pushed from the floor of the flat, by the applicant as well as her parents, with an intention to kill him, due to which he sustained injuries. His son was hospitalized and present F.I.R was lodged against the accused persons. It has been argued by learned counsel for the applicant that the applicant is innocent. Between the wife and her husband Saurabh Srivastava there were disputes and there occurred hot talk between the two and on the date of incident the applicant pushed her husband but not with an intention to kill him. Learned counsel for the applicant has drawn attention of the Court that the injury report wherein the Doctor has opined that injuries sustained by the injured was caused by hard and blunt object. It also shows that injured has been brought by the applicant to the hospital and the injuries are caused due to
falling from some height. In the statement of the injured it has been stated that there was some dispute with respect to money between the injured and the applicant due to which the applicant pushed him and mother-in-law of the injured has caught hold of legs of the injured and threw him down from the floor. Whereas in re-statement of injured he has stated that after having a hot talk with his wife he was pushed by his wife due to which he lost his balance and fell down. There was no whisper about the participation of in-laws of the injured in the alleged incident. From the injuries sustained by injured it is not clear whether the injured has been thrown by the applicant from the height or the injured fell down, no conclusion can be drawn that the applicant participated in the accident of pushing him down the floor. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is a lady and she is languishing in jail since 02.02.2019. As such the applicant has undergone more than seven months of incarceration .
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on her furnishing a personal bond and two local heavy sureties of Rs. 1 Lakh each of the like amount to the satisfaction of the court concerned, subject to 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 his 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 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.
(v) The applicant shall personally appear once in the first week of every month in the concerned Police Station. In case of any default, the In-charge, Police Station shall forthwith inform the concerned court about this breach.
In case of default of compliance with condition no. (ii) enumerated herein above, the order granting bail shall stand cancelled automatically and the court concerned shall issue non-bailable warrant in order to get the applicant arrested and lodge him in jail.
Office is required to communicate this order to the S.S.P. concerned who is required to convey this order to the concerned police station to ensure compliance of condition no. (v) as provided herein before.
The concerned court below which will accept the bail bonds is also directed to convey a photo copy of this order to the concerned police station so that the condition no. (v) provided herein before may be complied with.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 18.9.2019 Vikram
2 issues framed by the court
Whether the applicant deserves bail in a case involving attempt to murder and criminal intimidation suspected to be a domestic dispute.
Whether conditions can be imposed to ensure the applicant does not abuse the liberty of bail.
Colour shows how this judgement treated each authority
Tuhina
State Of U.P.
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Manju Rani Chauhan
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