Allowed

Shobha v. State of U.P.

Allahabad HC2 Nov 2020BAIL/33417/2020

Case brief

AI extract

What is this about?

This criminal miscellaneous bail application sought enlargement for the applicant involved in a case under Sections 306/504/506 IPC alleging instigation to suicide. The Single Judge allowed bail subject to personal bond, two sureties (upon restoration of courts), and strict undertakings regarding court attendance.

What did the court decide?

Released on bail by executing personal bond (without sureties initially, to be furnished within a month of court resumption) and two sureties thereafter.

Shobha Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33417 of 2020

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Applicant :- Shobha Opposite Party :- State of U.P. Counsel for Applicant :- Akhil Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard Sri Akhil Kumar Shukla, learned counsel for the applicant and learned A.G.A for the State.

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By means of this application, the applicant who is involved in case crime no. 196 of 2020, under Sections 306/504/506 IPC, Police Station Chhiramau, District Kannauj, is seeking enlargement on bail during the trial.

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Learned counsel for the applicant contended that applicants' daughter got engaged with one Kuldeep @ Shishank and proper engagement ceremony was performed about six months back, later on it reveals that the girl has refused to marry with Kuldeep @ Shishank and out of sheer frustration deceased has absorbed poison and committed suicide. There is no evidence of any abatement or instigation on the part of the applicant and retracted from the engagement would not come under the realm of section 306 IPC. He lastly submits that applicant is in jail since 10.03.2020. Applicant has no criminal antecedents.

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Learned A.G.A. vehemently opposed the bail but could not dispute the fact .

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Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, I am of the view that the applicant has made out a case for bail.

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Let the applicant, Shobha who is involved in case crime no. 196 of 2020, under Sections 306/504/506 IPC, Police Station Chhiramau, District Kannauj, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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 HIS COUNSEL. IN CASE OF HIS ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIS UNDER SECTION 229-A IPC.

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(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., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.

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(iv) THE APPLICANT SHALL REMAIN PRESENT, IN

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PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) 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 HIM IN ACCORDANCE WITH LAW.

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(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned Trial Judge in forming her independent opinion based on the testimony of the witnesses.

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Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal

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functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 2.11.2020 Vikram

Shobha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shobha v. State of U.P.

Case brief

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