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2015 DIGILAW 3317 (ALL)

Gansi @ Bhagwati v. State of U. P.

2015-10-26

MANOJ MISRA

body2015
JUDGMENT Manoj Misra, J. Heard learned counsel for the applicant; the learned AGA for the State and perused the record. 2. The present bail application has been filed by the applicant in case crime No.215 of 2015, under Sections 304-B, 498-A and 506 I.P.C. and Section 3 /4 of Dowry Prohibition Act, police station Kulpahar, District Mahoba with the prayer to enlarge her on bail. 3. The submission of learned counsel for the applicant is that the applicant is the mother-in-law of the deceased and general allegations have been levelled against all the in-law's of the deceased by alleging that the deceased was being harassed for demand of dowry, which are false. It has been submitted that the marriage had taken place more than three years before the incident and according to the postmortem report no mark of any injury was found on the body of the deceased though her viscera was preserved for chemical examination. It has been submitted that there is no direct evidence to show that any poison was administered to the deceased by the accused. It has been submitted that there is no dying declaration. It has next been submitted that the deceased died on 22nd May, 2015, the Panchnama was prepared on 23rd May, 2015, whereas the First Information Report was lodged on 24th May, 2015 even though the informant and the family members of the deceased were present at the time of her death. It has been submitted that the applicant is innocent and the husband of the deceased is already in jail. It has been submitted that the applicant has been falsely implicated and is in jail since 30th May, 2015 with no previous criminal history and, in case of being enlarged on bail, she would not misuse the liberty of bail. 4. Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary. 5. 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. 6. 4. Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary. 5. 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. 6. Let applicant Smt. Gansi @ Bhagwati be released on bail in the aforesaid case crime number on her 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 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.