In a bail application filed by Sona Devi under Section 437 Cr.P.C., the Court granted bail considering the suicide of her husband, her custody of children, and her guarantee not to misuse liberty or absent herself from trial.
Accused Sona Devi released on bail by furnishing personal bond and two sureties under Section 437 Cr.P.C.
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Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1118 of 2023
Applicant :- Sona Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Suhail Kashif,Shaunak Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
As per learned counsel for the applicant, the present applicant is in jail since 14.11.2022 in Case Crime No.425 of 2022, under Sections 306 & 504 IPC, Police Station – Tikait Nagar, District – Barabanki.
Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as she has not committed any offence as alleged in the FIR. In the impugned FIR, there are two accused persons; one Guddu Yadav and second, the present applicant. As per allegations, the husband of the present applicant was a labourer and quite often, he used to live outside. The present applicant along with her children lives at the village. Taking advantage of absence of the husband of the present applicant, one accused Guddu Yadav established his relation with her. When her husband came to know about this fact, he tried to know but she did not confirm this fact. However, as and when the husband of the present applicant called her, she did not pick up his phone and she used to talk with co-accused Guddu Yadav. On the date of incident, the husband of the present applicant had allegedly objected on such relation, resultant thereof, co-accused Guddu Yadav had beaten the husband of the present applicant and threatened for dire consequences, therefore, feeling insulted, husband of the present applicant committed suicide.
Learned counsel for the applicant has stated that the present applicant is absolutely unaware as to why her husband has committed suicide; may be the reason that despite his all possible efforts, he was unable to manage the proper means for the family. She is a mid-aged lady of 40 years and she was not having any illicit relation with co-accused Guddu Yadav. Since her husband has committed suicide and she is in jail, therefore, her children are not being looked after properly as there is no one in the family to look after them. Besides, being lady, she
may be extended the benefit of Section 437 Cr.P.C. It has been informed that charge sheet has been filed on 17.12.2022 and if she is released on bail, she shall not misuse the liberty of bail and shall cooperate in the trial proceedings.
Learned A.G.A has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant.
Without entering into merits of the case; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that husband of the applicant has committed suicide and the applicant is in jail, therefore, her children are in abandoned condition in the village as there is no one to look after them; being lady, she may be extended the benefit of Section 437 Cr.P.C.; charge sheet has been filed and undertaking of the applicant that she shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.
Let applicant- Sona Devi be released on bail in the aforesaid case crime number 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:-
(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 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.
(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 her under Section 229-A of the Indian Penal Code.
(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 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.
(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 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.
(v) The applicant shall not leave India without previous permission of the court.
It is made clear that the present applicant has been enlarged on bail considering the provisions of Section 437 Cr.P.C., therefore, co-accused may not claim parity with the present applicant.
[Rajesh Singh Chauhan,J.]
Order Date :- 23.1.2023 RBS/-
Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant, a female accused in a non-bailable offence whose husband committed suicide, is entitled to bail under Section 437 Cr.P.C.
4 provisions across 2 enactments
Sona Devi
State Of U.P.
Rajesh Singh Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
