Kranti Devi Alias Kanti Devi W/O Rajesh Singh (Second… — Dowry and Cruelty | Allahabad HC (2022)

Kranti Devi Alias Kanti Devi W/O Rajesh Singh (Second… — Dowry and Cruelty | Allahabad HC (2022)

What the court decided

AI extract

Outcome

Bail granted to applicant Kranti Devi @ Kanti Devi in the case crime number (FIR No.105 of 2020) on furnishing a personal bond and two sureties each in the like amount, subject to conditions (i)-(iv): undertaking not to seek adjournments when witnesses are present; presence before the trial court on each date personally or through counsel; consequences of misuse of bail including proceedings under Sections 82 Cr.P.C. and 174-A IPC; and personal presence at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.

Issue for consideration

Whether the accused-applicant Kranti Devi alias Kanti Devi, arraigned in FIR No.105 of 2020 under Sections 498A, 304-B and 504 IPC and Section 3/4 Dowry Prohibition Act, Police Station Sandi, District Hardoi, is entitled to bail on the ground of parity with co-accused Rajesh Singh, who has already been granted bail.

Court's answer

Considering that the co-accused, having a similar role, has been granted bail by this Court, it would be appropriate to enlarge the accused-applicant on bail on the ground of parity.

Ratio / Principle

The applicant is to be released on bail in the case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned, subject to specified conditions regarding attendance and conduct during trial.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Dinesh Kumar Singh, J.; order dated 19.12.2022) in Criminal Misc. Bail Application No.6068 of 2022: Second bail application under Section 439 Cr.P.C. by Kranti Devi alias Kanti Devi, accused in FIR No.105 of 2020, Police Station Sandi, District Hardoi, under Sections 498A, 304-B and 504 IPC and Section 3/4 Dowry Prohibition Act; her first bail application had been rejected on 15.3.2021 in Criminal Misc. Bail Application No.538 of 2021. Held: since co-accused Rajesh Singh, having a similar role, had already been granted bail by this Court vide order dated 4.4.2022 in Bail No.206 of 2021, it would be appropriate to enlarge the applicant on bail on the ground of parity. Applicant released on bail on furnishing a personal bond and two sureties each in the like amount, subject to conditions as to attendance, non-seeking of adjournments when witnesses are present, and consequences of misuse of bail (Sections 229-A and 174-A IPC; Sections 82 and 313 Cr.P.C.).

Court No. - 10

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6068 of 2022

Applicant :- Kranti Devi Alias Kanti Devi W/O Rajesh Singh (Second Bail)

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Counsel for Applicant :- Ajeet Kumar Singh,Manoj Kumar Shukla,Ravindra Singh,Smriti

Counsel for Opposite Party :- G.A.

Hon'ble Dinesh Kumar Singh,J.

Heard learned counsel for the applicant as well as Sri Ran Vijay Singh, learned A.G.A. and perused the record.

This is the second bail application. First bail application got rejected by a coordinate Bench of this Court vide order dated 15.3.2021 passed in Criminal Misc. Bail Application No.538 of 2021.

The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR No.105 of 2020, under Sections 498A, 304-B and 504 IPC and Section 3/4 Dowry Prohibition Act, Police Station Sandi, District Hardoi.

Learned counsel for the accused-applicant submits that coaccused, Rajesh Singh having similar role, has been granted bail by this Court vide order dated 4.4.2022 in Bail No.206 of 2021. He, therefore, prays that accused-applicant is also entitled for bail on the ground of parity.

Learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.

Considering the fact that co-accused, having similar role, has been granted bail by this Court, it would be appropriate to enlarge the accused-applicant on bail.

Let applicant Kranti Devi @ Kanti Devi be released on bail in the above case crime number on her furnishing a personal bond

and two sureties each in the like amount to the satisfaction of Court concerned with 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against him 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 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.

(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.

Order Date :- 19.12.2022 Rao/-

Digitally signed by CHEBROLU SRINIVASA RAO Date: 2022.12.19 19:31:56 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench