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2015 DIGILAW 2097 (ALL)

Uldana Wali @ Bhagwati v. State of U. P.

2015-07-24

MANOJ MISRA

body2015
JUDGMENT Manoj Misra, J. By order dated 22.07.2015 this Court had directed the office to clarify as to whether this case has been nominated to this Bench. 2. Pursuant to the said order, office has submitted its report. From the report it appears that this case was nominated to this Bench on 21.07.2015 by Hon'ble the Chief Justice. 3. Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record. 4. The present bail application has been filed by the applicant in case crime No.146 of 2014, under Sections 498-A, 304-B IPC and Section 3/4 of D.P. Act, Police Station Madanpur, District Lalitpur with the prayer to enlarge her on bail. 5. The submission of the learned counsel for the applicant is that the informant's daughter suffered burn injuries on 17.12.2014. Thereafter, she was admitted to the hospital by her father-in-law and there she died on 18.12.2014. It has been submitted that the first information report alleging that there was demand for a motorcycle and harassment by her in-laws was lodged on 26.12.2014 as an afterthought just to harass and blackmail the applicant and her family members, when the true story is that the deceased was having illicit relations with her Jija and when the same was objected to by her husband, she set herself on fire. It has been submitted that no other mark of any injury has been found on her body. It has been submitted that the father of the deceased was fully aware of the hospitalization of his daughter and he also participated in the cremation proceeding. It has been submitted that there is evidence to show that she was admitted to the hospital by her father-in-law. It has been submitted that the father-in-law of the deceased has been granted bail by this Court vide order dated 28.05.2015 in Bail No.18835 of 2015. It has been submitted that the applicant is innocent and she has no role in the harassment/death of the informant's daughter. It has been submitted that the applicant is in jail since 16.01.2015 and, in case she is enlarged on bail, she will not misuse the liberty of bail. 6. Learned AGA has opposed the prayer for grant of bail to the applicant, but could not point out anything material to the contrary. 7. It has been submitted that the applicant is in jail since 16.01.2015 and, in case she is enlarged on bail, she will not misuse the liberty of bail. 6. Learned AGA has opposed the prayer for grant of bail to the applicant, but could not point out anything material to the contrary. 7. Considering the facts and circumstances of the case and without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail. 8. Let applicant Smt. Uldana Wali @ Bhagwati be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice: - (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.