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Allahabad High Court · body

2015 DIGILAW 3649 (ALL)

Ruchi Devi Or Ruchi Devi v. State of U. P.

2015-11-23

ANANT KUMAR

body2015
JUDGMENT Anant Kumar, J. Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by the applicant involved in Case Crime No.95 of 2015, under Sections 498A/304B/323 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Mitauli, District - Lakhimpur Kheri. 3. The present applicant is the Devrani (sister-in-law) of the deceased. No specific role has been assigned to her in the F.I.R. There is general role assigned. Applicant does not appear to be beneficiary of the demand of dowry. Co-accused Vimla Devi, who is mother-in-law of the deceased has already been granted bail by this Court vide order dated 29.09.2015 passed in Bail Application No.8586 of 2015. She is in jail since 10.07.2015. 4. Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant. 5. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. 6. Let applicant (Smt. Ruchi Devi or Ruchi Devi) 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: - (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.