Allowed

Smt Durgawati Mishra v. State of U.P.

Allahabad HC7 Dec 2020BAIL/40112/2020

Case brief

AI extract

What is this about?

High Court Court No. 67 allowed bail to Smt. Durgawati Mishra charged under Secs. 498-A and 304-B IPC. The court noted her age, euthanasia of the daughter-in-law, and defective trial delay. Bail granted with security and strict appearance conditions; initially without sureties until courts reopen.

What did the court decide?

Bail granted on personal bond without sureties initially; compulsory furnishing of sureties within one month after normal court functioning resumes.

Smt Durgawati Mishra Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2020)

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40112 of 2020

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Applicant :- Smt Durgawati Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Sheetala Prasad Pandey Counsel for Opposite Party :- G.A.,Nilam Shukla,Surnedra Prasad Shukla

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Hon'ble Rahul Chaturvedi,J.

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Heard learned counsel for the applicant, learned A.G.A. and also perused the record.

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The applicant Smt. Durgawati Mishra, who is mother-in-law, is facing prosecution in Case Crime No. 138 of 2020, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police StationChakeri, District-Kanpur Nagar and is in jail since 26.02.2020.

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Submission of learned counsel for the applicant is that within 13 months of the marriage daughter-in-law has self immolated her by hanging herself. As mentioned above, the applicant is mother-in-law and having a demand of one motorcycle.

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Today in pursuant to the earlier order, learned counsel for the applicant has handed over a Demand Draft of Rs. 40,000/- in favour of Rajendra Prasad Shukla, the informant having Demand Draft No. 006523 of Axis Bank dated 04.12.2020 to Shri Ajay Kumar, Advocate holding brief of Shri S.P. Shukla, lerned counsel for the complainant.

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Keeping in view that (1) the applicant is lady/mother-in-law aged about 65 years, (2) there is a demand of motorcycle, (3) husband would be beneficiary of the motorcycle, (4) the deceased has hanged herself and (5) it is not possible to decide the trail of the present case in near future, the applicant is entitled to be enlarged on bail.

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

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Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail

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application is allowed.

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Let the applicant Smt Durgawati Mishra , who is involved in aforementioned case 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 HIM 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 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 his 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 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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However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this Court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.

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Order Date :- 7.12.2020 Sunil Kr. Gupta

Smt Durgawati Mishra v. State of U.P.

Case brief

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Smt Durgawati Mishra v. State of U.P.

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