SingleJudge bench allowed bail to the mother-in-law of the deceased in a case under Sections 498-A, 304-B IPC and DP Act, noting suicide and lack of independent eyewitness, imposing standard bail conditions.
Release of the applicant on bail on personal bond and two sureties conditioned to remain present in court and not tamper with evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19336 of 2022
Applicant :- Vidya Devi Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Vaish Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant, who is mother-in-law of the deceased, seeking enlargement on bail in Case Crime No. 0240 of 2020, under Sections 498-A, 304-B IPC & 3/4 of D. P. Act, Police Station Girwan, District Banda.
Learned counsel for the applicant submits that the First Information Report has been lodged after two days of the incident as an afterthought which is evident from the fact that the first informant was present at the time of inquest proceedings and was a witness of the inquest and his name had appeared in the list of witnesses therein at serial no.5 but even therein he did not make any complaint or raise any suspicion about the incident. It is further argued that the deceased committed suicide and died which is also suggestive from the postmortem report wherein the doctor found one ligature mark on the body of the deceased and the cause of death is as a result of ante-mortem hanging. It is further submitted that the applicant is in jail since 11.04.2022 and the trial is not likely to conclude shortly and that the applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial.
Learned counsel for the applicant further states that father-inlaw and husband of the deceased have already been enlarged on bail vide orders dated 26.03.2021 and 09.02.2022, passed in Criminal Misc. Bail Application Nos.13612 of 2021 and 36373 of 2021, respectively.
Learned AGA opposes the bail application but facts as have been urged on behalf of the applicant are not seriously disputed.
Having considered the respective submissions advanced;
perused the materials placed on record; considering the fact that death of the deceased is due to hanging and there is no independent eye witness to the incident as also the father-in-law and husband of the deceased have already been enlarged on bail, the applicant is entitled to be released on bail, at this stage. Above observations made in the bail order shall, however, not be construed as expression of opinion, on the merits, at the stage of trial.
Let the applicant - Vidya Devi involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions, which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant 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 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.
(iv) 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 of the Indian Penal Code.
(v) 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. 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 him, in accordance with law, under Section 174-A of the Indian Penal Code.
(vi) The applicant shall remain present, in person, before the trial court on the 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.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Accordingly, the present bail application is allowed.
Order Date :- 12.5.2022 Ashok Kr.
Digitally signed by ASHOK KUMAR Date: 2022.05.13 16:12:07 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant, being the mother-in-law of the deceased in a suicide case, is entitled to be released on bail at this stage.
What conditions should be imposed upon the granting of bail to prevent abuse of liberty.
4 provisions across 2 enactments
Vidya Devi
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
