Bail application filed by Anarkali and Leelawati in a dowry death case. The court granted bail subject to conditions regarding attendance and preventing abuse of process.
Applicants released on bail with personal bond and two sureties each on specific conditions regarding court attendance and conduct.
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Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14474 of 2022
Applicant :- Anarkali And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sharwan Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicants as well as learned AGA for the State and perused the record.
This is an application for bail moved on behalf of the applicants, Anarkali and Leelawati, who are involved in Case Crime No. 741 of 2020, under Sections 498A, 304 B , 328 of I.P.C., and 3/4 Dowry Prohibition Act, Police Station- Campiarganj, District- Gorakhpur. Learned counsel for the applicants has contended that the applicants are innocent and have been falsely implicated. It is further contended that the applicant No.2 is a married sister-in-law whereas Anarkali, the applicant No.1 is unmarried. It is further submitted that the applicants have no other criminal history and are in jail since 11.01.2022 and if they are released on bail, there is no chance of their absconding or misusing the liberty of bail or tampering with the prosecution witnesses. It has further been alleged that the FIR was lodged belatedly as the death had occurred on 15.07.2020 and the FIR was lodged on 01.09.2020. It has further been stated that the co-accused Meera, who is Nanad had been released on bail by a coordinate Bench of this Court in Misc. Bail Application No. 37151 of 2021, (Meera vs. State of U.P.). It is further stated that the charge-sheet in the case has been submitted by the Police and the investigation is, therefore, complete.
On the other hand, learned A.G.A. opposed the prayer for bail but could not deny the fact that the charge-sheet has been submitted by the Police.
In view of the above, without expressing any opinion on the merits of the rival claims, the applicant has made out a case for bail.
Let the applicants, Anarkali and Leelawati be released on bail in
Case Crime No. 741 of 2020, under Sections 498-A, 304-B, 328 of I.P.C., and 3/4 Dowry Prohibition Act, Police Station- Campiarganj, District- Gorakhpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:-
(i) The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the 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 applicants 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 him under Section 229-A of the Indian Panel Code.
(iii) In case, the applicants 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 applicants fails to appear before the court on the date fixed n such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code.
(iv) The applicants 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 323 Cr.P.C. If in the opinion of the trial court absence of the applicants is deliberate or without any sufficient cause, then it shall be open for the trial court to treat such default as an abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 11.5.2022 vkj
Digitally signed by VIJAY KRISHNA JAISWAL Date: 2022.05.17 17:50:52 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicants are entitled to bail in cases involving Section 498-A and 304-B IPC charges given the completion of investigation.
7 provisions across 3 enactments
Anarkali
Leelawati
State of U.P.
Siddhartha Varma
Vijay Krishna Jaiswal
As recorded by the court registry
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