Rani Devi Vs State of U.P Thru, Secretary(Home) at Lko

Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28773 of 2022

Applicant :- Rani Devi Opposite Party :- State Of U.P Thru, Secretary(Home) At Lko Counsel for Applicant :- Avnish Kumar Srivastava,Mohammad Anas Raza Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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

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The applicant seeks bail in Case Crime No. 139 of 2022, under Sections 498-A, 323, 304-B IPC and Section ¾ of D. P. Act, P.S. Bhawanpur, District Meerut.

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The submission of learned counsel for the applicant is that applicant is mother-in-law of deceased and is aged about 52 years and she was not present in her house on the date of incident. It is stated that the entire family has been implicated on the allegations of demand of dowry without any substance. It is further submitted that there are general allegations with no specific role assigned. It is further stated that in the postmortem cause of death is reported to be asphyxia as a result of antimortem hanging and there is not injury on the external part of the body of the deceased. It is submitted that the applicant has no criminal history and is in jail since 03.02.2022.

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Learned AGA has vehemently opposed the prayer for bail.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, in particular, the fact that the applicant is mother in law, the fact that the allegations are general in nature without any specific role being assigned to applicant, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Let the applicant Rani Devi, who is involved in aforementioned 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 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

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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 her absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.

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(iii) In case, the applicant misuse 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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(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

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In case of breach of 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 applicants 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 :- 4.11.2022 RavindraKSingh

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Digitally signed by RAVINDRA KUMAR SINGH Date: 2022.11.04 16:12:55 IST Reason: Location: High Court of Judicature at Allahabad

Rani Devi v. State of U.P Thru, Secretary(Home) at Lko

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Rani Devi v. State of U.P Thru, Secretary(Home) at Lko

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