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Allahabad High Court · body

2015 DIGILAW 2414 (ALL)

Chanda v. State of U. P.

2015-08-14

MAHENDRA DAYAL

body2015
JUDGMENT Mahendra Dayal, J. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. 2. The applicant Kumari Chanda has sought bail in Crime No.505/2014, under Sections 498-A, 304-B IPC and Section 3 /4 Dowry Prohibition Act, relating to police station Sujauli, District Bahraich. 3. It has been contended by the learned counsel for the applicant that the applicant is the "Nanand" of the deceased and there are general allegations in the FIR. The father-in-law and mother-in-law of the deceased have already been enlarged on bail. 4. Learned A.G.A. has opposed the prayer for bail, but it is not disputed that no specific allegation has been made against the applicant. 5. Having heard learned counsel for the parties and considering the aforesaid facts, but without expressing any opinion on the merits of the case, let the applicant Kumari Chanda involved in the aforesaid case crime number 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. (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 3 13 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.