Allowed

Smt Gena Devi v. State of U.P.

Allahabad HC16 May 2022BAIL/5400/2022

Case brief

AI extract

What is this about?

In a bail application under Sections 498A and 304-B IPC and Dowry Prohibition Act, the court granted relief to the applicant, a mother-in-law charged in a domestic offending case. The applicant was released on personal bond and two sureties with specific undertakings to attend the trial.

What did the court decide?

Release of the applicant on bail with a personal bond and two sureties, subject to conditions to appear in the trial court on fixed dates.

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

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Court No. - 49

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5400 of 2022

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Applicant :- Smt Gena Devi Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Yadav,Aditya Sharma Counsel for Opposite Party :- G.A.,Bal Ram Bind

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Hon'ble Siddhartha Varma,J.

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Office is directed to trace out the Vakalatnama file by Sri Bal Ram Bind, learned counsel for the opposite party.

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Heard learned counsel for the applicant and learned counsel for the opposite party as well as learned AGA for the State and perused the record.

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This is an application for bail moved on behalf of the applicant, Smt. Gena Devi, who is involved in Case Crime No. 0015 of 2021, under Sections 498A and 304-B of I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station- Barasathi, District- Jaunpur.

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Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further contended that the applicant is the mother-in-law of the deceased and she was above 60 years of age. Further it has been submitted by the learned counsel for the applicant that Mahesh and Geeta who are the other two persons who have been charge sheeted by the Police have been released on bail by an order of this Court dated 19.05.2021 on Crl. Misc. Bail Application No. 20325 of 2021 (Smt. Geeta Devi and another). It is further submitted that the applicant has no other criminal history and is in jail since 30.01.2021 and if she is released on bail, there is no chance of her absconding or misusing the liberty of bail or tampering with the prosecution witnesses. Learned counsel for the applicant has stated that the charge-sheet had been submitted by the Police and the trial has begun.

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On the other hand, learned A.G.A. and Sri Bal Ram Bind, learned counsel for the opposite party opposed the prayer for bail but could not deny the fact that Smt. Geeta Devi and Bhavesh Kumar Bind have been released on bail. They also could not deny the fact that the charge sheet has been submitted.

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In view of the above, without expressing any opinion on the merits of the rival claims, the applicant has made out a case for bail.

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Let the applicant, Smt. Gena Devi be released on bail in Case Crime No. 0015 of 2021, under Sections 498A and 304-B of I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station- Barasathi, District- Jaunpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:-

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(i) 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 the court.

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In case of default of this condition, it shall be open for the trial court to treat it as an 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 of the Indian Panel Code.

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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. is issued and the applicant fails to appear before the court on the date fixed on such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case (ii) framing of charges and (iii) recording of statement under Section 323 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 an abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 16.5.2022 vkj

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Digitally signed by VIJAY KRISHNA JAISWAL Date: 2022.05.17 17:55:20 IST Reason: Location: High Court of Judicature at Allahabad

Smt Gena Devi v. State of U.P.

Case brief

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Smt Gena Devi v. State of U.P.

Case brief

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