Allowed

Guddi Devi v. State of U.P.

Allahabad HC17 May 2022BAIL/8522/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant, Guddi Devi, in a case involving Sections 498-A and 304B IPC and Dowry Prohibition Act. The court imposed strict conditions regarding attendance and absconding and directed the trial to be concluded within six months.

What did the court decide?

Release of the applicant on bail with a personal bond and two sureties, subject to conditions regarding attendance and non-absconding.

Guddi 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. - 8522 of 2022

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Applicant :- Guddi Devi Opposite Party :- State of U.P. Counsel for Applicant :- Vishvendra Singh,Kalpana Singh,Tufail Hasan Counsel for Opposite Party :- G.A.,Akash Mishra

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Hon'ble Siddhartha Varma,J.

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Heard learned counsel for the applicant 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, Guddi Devi, who is involved in Case Crime No. 336 of 2021, under Sections 498-A, 304B of the I.P.C. & Section 3/4 of the Dowry Prohibition Act, Police StationJasrana, District- Firozabad.

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Learned counsel for the applicant has submitted that the applicant is innocent and she has been falsely implicated in the case. It has been further submitted that only general allegations have been levelled against the whole family. Still further, It has been submitted that during the investigation the brother-in-law (dewar) and Harendra Singh (Nandoi) have not been charge sheeted and final report had been submitted vis-a-vis them. Learned counsel further submitted that the mother-in-law had absolutely no role and, in fact, the deceased had committed suicide.

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Learned counsel for the applicant further relying upon Section 437 of the Cr.P.C. submitted that the applicant who is a woman be released on bail, she being old. If the

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applicant is released on bail, there is no chance of her absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

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On the other hand, learned A.G.A. and Sri Akash Mishra learned counsel for the first informant have opposed the prayer for bail and have submitted that the post-mortem and other evidence which had been collected clearly indicate that the applicant along with other co-accused was guilty of the offence. Learned counsel for the first informant has also submitted that the trial was going on in full swing and that evidence was being led by various parties.

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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, Guddi Devi, be released on bail in the aforesaid case crime number on her furnishing a personal bond with 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 she 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 abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the

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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 her 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. be issued and if the applicant fails to appear before the court on the date fixed on such proclamation, then, the trial court shall initiate proceedings against her, 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 her in accordance with law.

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Further, the trial which might have resulted from the criminal case no. 336 of 2021 shall be done on a day-to-day basis and shall be concluded, preferably, within a period of six months from today.

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Order Date :- 17.5.2022

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(Siddhartha Varma,J.)

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Digitally signed by PRAVEEN KUMAR Date: 2022.05.17 18:21:59 IST Reason: Location: High Court of Judicature at Allahabad

Guddi Devi v. State of U.P.

Case brief

What is this about?

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Guddi Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

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