Allowed

Smt. Bhuri Devi v. State of U.P.

Allahabad HC2 Feb 2021BAIL/3284/2021

Case brief

AI extract

What is this about?

This single judge court allowed a criminal bail application filed by an accused woman charged under dowry-related offences and Section 304-B IPC. The court found she made out a prima facie case for bail due to her claim of non-complicity in the suicide incident of her daughter-in-law. Bail was granted on personal bond with strict conditions for trial appearance and comprehensive undertakings.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties to be verified by the satisfaction of the court below.

Smt. Bhuri Devi Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2021)

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3284 of 2021

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Applicant :- Smt. Bhuri Devi Opposite Party :- State of U.P. Counsel for Applicant :- Tripurari Pal Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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Heard Sri Tripurari Pal, learned counsel for the applicant as well as learned A.G.A for the State and perused the record.

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By means of this application, the applicant who is involved in Case Crime No. 162 of 2020, under Sections 498-A, 304-B, 323 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police StationPali Mukimpur, District- Aligarh is seeking enlargement on bail during the trial. The applicant is in jail since 12.9.2020.

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Contention raised by learned counsel for the applicant is that the present F.I.R. was got registered by Avanesh, father of the deceased, against the entire family members of the husband, Uddham Singh. In the F.I.R., all the in-laws were referred as " Sasuralijan " without specifying any specific role to anybody. Fact remains that the deceased has committed by hanging herself. Learned counsel for the applicant has filed a supplementary affidavit today to buttress his argument that at the relevant point of time the applicant was at Bulandshahar and her husband was residing there as a tenant and was going under treatment. The applicant being the wife of Surram Singh, she was along with him and serving him. She has no concern with the internal matter at Chandiyana, P.S. Pali Mukimpur, District Aligarh where this unfortunate incident took place.

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Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts.

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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 and taking into account the totality of the circumstances and the general role attributed to all the family members, without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.

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Let the applicant- Smt. Bhuri Devi , who is involved in Case Crime No. 162 of 2020, under Sections 498-A, 304-B, 323 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police StationPali Mukimpur, District- Aligarh, 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 SHE 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 HER COUNSEL. IN CASE OF HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HER UNDER SECTION 229-A I.P.C.

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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., 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 HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A I.P.C.

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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 HER IN ACCORDANCE WITH LAW.

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(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE

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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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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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Order Date :- 2.2.2021

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Vikas

Smt. Bhuri Devi v. State of U.P.

Case brief

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Smt. Bhuri Devi v. State of U.P.

Case brief

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