Application for bail in a suicide case under Section 306 IPC. Single Bench allowed bail subject to furnishing a personal bond and two sureties with conditions regarding court attendance and conduct.
Release on bail by furnishing a personal bond and two sureties with strict conditions regarding court attendance and conduct.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9835 of 2022
Applicant :- Smt. Suman Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Smt. Suman, with a prayer to release her on bail in Case Crime No. 758 of 2018, under Section 306 IPC, Police Station Kotwali Nagar, District- Muzaffar Nagar, during pendency of trial.
There is allegation in the FIR that deceased committed suicide on account of being harassed by the applicant and co-accused persons. The applicant is wife of the deceased.
It is argued by the learned counsel for the applicant that it is a case of false implication. The deceased was a drunkard. He died on account of consumption of some spurious liquor or any other substance. The cause of death could not be ascertained in the post mortem report. The applicant has been falsely implicated in the present case. She is languishing in jail since 29.11.2021 and has no criminal history to her credit. In case, the applicant is released on bail, she will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, she does not deserves any indulgence. In case the applicant is released on bail she will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 with the following conditions that :-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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 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.
(iii) The applicant shall remain present before the Trial Court on
each date fixed, either personally or as directed by the Court. In case of her absence, without sufficient cause, the Trial Court may proceed against her under Section 229-A of the Indian Penal Code.
(iv) 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. is issued and the 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 of the Indian Penal Code.
(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 8.9.2022 Ruchi Agrahari
Digitally signed by RUCHI AGRAHARI Date: 2022.09.08 14:12:18 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant should be granted bail under Section 306 IPC during the pendency of trial.
Conditions to be imposed on the applicant for release on bail.
6 provisions across 3 enactments
Smt. Suman
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth
Parties & counsel
