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2015 DIGILAW 1594 (ALL)

Habibun Nisa @ Saidun Nisa v. State of U. P.

2015-06-22

RAMESH SINHA

body2015
JUDGMENT Ramesh Sinha, J. Heard Sri Abdul Rafey Siddiqui, learned counsel for the applicant and Ms. Meera Tripathi, learned A.G.A. appearing for the State and perused the record. 2. It has been contended by the learned counsel for the applicant that the applicant is the mother-in-law of the deceased. The marriage between the deceased and applicant's son, namely, Saddam was solemnized two and half years ago. Only general allegation has been levelled against the applicant. There is no dying declaration against the applicant and there is no eye witness account of the incident. The husband of the deceased is in jail. The applicant has no other reported criminal antecedent. The applicant is in jail since 21.3.2015. 3. Learned A.G.A. opposed the prayer for bail. Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case. 4. Let the applicant Smt. Habibun Nisa @ Saidun Nisa involved in Case Crime No. 107 of 2015 under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Kotwali Utraula, District Balrampur be released on bail on her furnishing a personal bond with 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. (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. The case of the applicant is distinguishable from co-accused Saddam-husband of the deceased.