Allowed

Radhika Dubey v. State of U.P.

Allahabad HC12 Sept 2022BAIL/28239/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Radhika Dubey under U/S 498-A, 302, 201 IPC and Dowry Prohibition Act. Relying on parity with a co-accused already on bail and the applicant's clean record, the court granted bail subject to conditions regarding court attendance and filing of undertaking.

What did the court decide?

Application allowed. Bail granted on furnishing personal bond and two sureties in like amount subject to specified conditions of attendance and undertaking.

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

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28239 of 2022

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Applicant :- Radhika Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Pandey,Vijai Kumar Tripathi Counsel for Opposite Party :- G.A.,Chandra Prakash Singh,Mahendra Singh

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Hon'ble Krishan Pahal,J.

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None is present on behalf of the informant even in the revised call. Hence, I proceed to decide this application in his absence.

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Heard Sri Satish Trivedi, learned Senior Counsel assisted by Sri Vijai Kumar Tripathi, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No.12 of 2022, U/S 498-A, 302, 201 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Barvapatti, District Kushi Nagar, during the pendency of trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused person, Achyutanand Dwivedi @ Chumman Dubey, has already been enlarged on bail by this Court vide order dated 11.8.2022 passed in Criminal Misc. Bail Application No. 27085 of 2022. The applicant is languishing in jail since 18.2.2022, having no criminal history. He further submitted that since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

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The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the co-accused and also the fact of no criminal history of the applicant, have not been disputed by him.

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Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.

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Without expressing any opinion on the merits, the bail application is allowed. Let the applicant- Radhika Dubey, who is involved in aforementioned case crime number be released

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on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date 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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(ii) 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 IPC.

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(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., may be issued and if 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 IPC.

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(iv) The applicant shall remain present, in person, before the Trial Court on 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 her in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 12.9.2022 Siddhant

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Digitally signed by SIDDHANT SAHU Date: 2022.09.13 10:07:34 IST Reason: Location: High Court of Judicature at Allahabad

Radhika Dubey v. State of U.P.

Case brief

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Radhika Dubey v. State of U.P.

Case brief

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