This court granted bail to the applicant, an aged mother-in-law detained in a dowry death case, noting the lack of specific allegations against her and the benefit of Section 437 Cr.P.C. for women.
The applicant was granted bail to be released on personal bond and two sureties, subject to conditions ensuring court attendance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:26689
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3488 of 2024
Applicant :- Chandrashree Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Shailesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Singh Chauhan,J.
allegations of the FIR; the fact that the present applicant is mother-in-law of the deceased, no specific allegation has been levelled against her; charge sheet has been filed; the applicant being lady may be given the benefit of Section 437 Cr.P.C. 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.
6. Accordingly, the bail application is allowed .
(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.
[Rajesh Singh Chauhan,J.]
Order Date :- 1.4.2024 /RBS/-
Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant, an aged mother-in-law falsely implicated with no specific allegation, should be released on bail considering she is a lady and has filed an undertaking.
Whether bail conditions can be framed to ensure attendance and cooperation during trial proceedings.
5 provisions across 2 enactments
Chandrashree
State Of U.P.
Rajesh Singh Chauhan
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
