Allowed

Smt. Vandana v. State of U.P.

Allahabad HC23 May 2022BAIL/20305/2022

Case brief

AI extract

What is this about?

The High Court released the applicants wife on bail in a suicide case investigating the murder of her husband under IPC 306. The court noted no specific allegations against the wife and allowed bail subject to strict conditions regarding appearance and conduct during the trial.

What did the court decide?

Release of Smt. Vandana on bail by furnishing a personal bond and two sureties subject to specific conditions of appearance and conduct during the trial.

Smt. Vandana Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20305 of 2022

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Applicant :- Smt. Vandana Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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Heard learned counsel for the applicant and learned AGA for the State and perused the record.

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The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No. 133 of 2021, under Sections 306 IPC, Police Station Ratanpuri, District Muzaffar Nagar.

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As per the FIR allegation informant, who is brother of the deceased, informed the Officer In-Charge of Police Station that on account of harassment meted out to the deceased by his inlaws including act of his wife in which she sustained burn injuries, and deceased had to spend Rs.20 lac in her treatment and most of his property had been sold the deceased has committed suicide. Suicide note is on record in which allegation is against the family members of his wife. The postmortem report is also on record as per which cause of death is antemortem gunshot injury on temple of his forehead. According to the prosecution case the deceased fired by Muskut Gun which resulted in his death.

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Counsel for the applicant submits that marriage was performed in the year 2006 and apparently the plea of harassment is attributed to the brother-in-law and father-in-law of the deceased and that there is no specific allegation against the wife and even the plea of burning his wife is alleged to her family members. Submission is that there are two kids aged about 10 and 13 years and the applicant herself is a victim. Argument is that there is no provocation proximate in time which may have abated the act of suicide and, therefore, offence under section 306 IPC is not made out. It is further argued that the applicant is in jail since 06.12.2021 and the trial is not likely to conclude shortly and that the applicant undertakes that she will not misuse the liberty of bail and will cooperate in the conduct of trial.

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Learned AGA opposes the bail application but facts as have

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been urged on behalf of the applicant are not seriously disputed.

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Having considered the respective submissions advanced; perused the materials placed on record; considering the fact that there is no specific role assigned to the applicant and the marriage was performed in the year 2006; no offending act of provocation is attributed to the applicant, 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.

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Let the applicant - Smt. Vandana involved in aforesaid case crime 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, with the following conditions, which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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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.

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(iii) 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.

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(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.

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(v) 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.

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(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

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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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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.

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Accordingly, the present bail application is allowed.

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Order Date :- 23.5.2022 Ashok Kr.

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Digitally signed by ASHOK KUMAR Date: 2022.05.23 16:52:45 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Vandana v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Vandana v. State of U.P.

Case brief

What is this about?

What did the court decide?

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