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2015 DIGILAW 3691 (ALL)

Phulan Devi v. State of U. P.

2015-11-26

MANOJ MISRA

body2015
JUDGMENT Manoj Misra, J. Heard learned counsel for the applicant; the learned A.G.A. for the State; Sri Gagan Pratap Singh for the informant; and perused the record. 2. The present bail application has been filed by the applicant in case crime No. 195 of 2015, under Sections 498A, 323, 304B, 506 I.P.C. and 3/4 D.P. Act, police station Kagaraul, District-Agra with the prayer to enlarge her on bail. 3. The submission of the learned counsel for the applicant is that the applicant is mother-in-law of the deceased. The deceased was married to the son of the applicant in the year 2010. According to the postmortem report, the deceased died due to asphyxia as a result of ante-mortem hanging and no other injury has been found on the body of the deceased. It has been submitted that by levelling general allegations, the entire family of the husband of the deceased have been falsely implicated. It has been submitted that there has been no demand of dowry or harassment of the deceased and the allegations as against the applicant are false. It has lastly been submitted that the applicant is an innocent lady with no previous criminal history and is in jail since 15.8.2015 and in case she is enlarged on bail, she will 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. Let applicant Smt. Phulan 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, which are being imposed in the interest of justice: - (i) The applicant shall not tamper with the evidence nor threaten the witnesses. (ii) 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. 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. (iii) 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. (iv) 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. (v) 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.