Allowed
Dolly Tekchandani v. State of U.P.
Allahabad HCBAIL/18592/2022
Case brief
from the order text
What is this about?
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
What the court decided
AI extract
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18592 of 2022
Applicant :- Dolly Tekchandani Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Ojha,Rakesh Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.0673 of 2016, under Section 326A I.P.C., Police Station Barra, District Kanpur Nagar.
Learned counsel for the applicant submits that as per the F.I.R. version, on 03.09.2016 at about 09:00 p.m., applicant called the informant/victim through her Mobile No.8090728180 and during conversation she threw acid upon the face of informant/victim Pushpendra Yadav and some splatter of the acid fell in his eyes. As per the statement of Dr. Divya Singh, informant suffering from chemical injury sequelae and a period of two weeks is essential for recovery of his eyes injuries w.e.f. 21.09.2016. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and she is languishing in jail since 28.03.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that due to throwing acid, victim has sustained injury in his eyes, therefore, she is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, as per doctor's opinion, period of two weeks is essential for recovery of his injury/illness and applicant being lady, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Dolly Tekchandani involved in aforesaid case crime be released on bail on her furnishing a personal bond and
two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that she will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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 her 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 :- 10.6.2022 Zafar
Digitally signed by MOHAMMAD AYYUB Date: 2022.06.11 14:26:34 IST Reason: Location: High Court of Judicature at Allahabad
Dolly Tekchandani
Ali Zamin
As recorded by the court registry
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