Allowed

Subhawati Devi v. State of U.P

Allahabad HC25 Mar 2022BAIL/30647/2021

Case brief

AI extract

What is this about?

The court allowed the bail application of Subhawati Devi, aged female accused (mother-in-law), relying on parity with a similar placed co-accused father-in-law already granted bail. No opinion on merits was expressed.

What did the court decide?

The applicant released on bail by furnishing a personal bond and two sureties subject to specific conditions regarding trial attendance and behavior.

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

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30647 of 2021

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Applicant :- Subhawati Devi Opposite Party :- State Of U.P Counsel for Applicant :- Mohd. Shoeb Khan

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Hon'ble Sameer Jain,J.

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Heard Sri Ajay Yadav, Advocate holding brief of Mohd. Shoeb Khan, learned counsel for the applicant, Sri Inspector Singh, learned AGA for the State and perused the record of the case.

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The present bail application has been filed by the applicant to release her on bail in Case Crime No. 83 of 2019, S.T. No. 77 of 2020, under Sections 498A, 304B IPC and 3/4 D.P. Act, Police Station Ramkola, District Kushinagar during pendency of trial.

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Learned counsel for the applicant contended that applicant is mother-in-law of the deceased and in the FIR general allegation has been made against all the accused persons including the applicant. He further submitted that similarly placed co-accused Prem Lal Gupta, father-in-law has already been released on bail by the co-ordinate Bench of this Court vide order dated 26.11.2021 passed in Criminal Misc. Bail Application No. 10611 of 2020, therefore, applicant may also be released on bail on the ground of parity. The applicant is in jail since 14.11.2019 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.

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Per contra, learned AGA although opposed the prayer for bail, but could not dispute the fact that applicant is mother-in-law of the deceased and similarly placed co-accused Prem Lal Gupta, who was father-in-law, has already been enlarged on bail by the co-ordinate Bench of this Court.

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I have heard both the parties and perused the record of the case. As, the applicant is mother-in-law and a lady and is in jail since 14.11.2019 and co-accused Prem Lal Gupta, father-in-law has already been enlarged on bail by the co-ordinate Bench of this Court and the case of the applicant is identical to the case of Prem Lal Gupta, therefore, without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Hence, the bail application is allowed.

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Let the applicant- Subhawati Devi be released on bail in the

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aforesaid case crime number on 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 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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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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 him, in accordance with law, under section 174-A I.P.C.

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(v) 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 and the trial court may proceed against her under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavor and try to conclude the trial expeditiously after the release of the applicant.

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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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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It

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is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

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Order Date :- 25.3.2022 AK Pandey

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Digitally signed by ANUPAM KUMAR PANDEY Date: 2022.03.28 13:02:12 IST Reason: Location: High Court of Judicature at Allahabad

Subhawati Devi v. State of U.P

Case brief

What is this about?

What did the court decide?

Subhawati Devi v. State of U.P

Case brief

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What did the court decide?

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