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Allahabad High Court · body

2016 DIGILAW 49 (ALL)

Chhidana v. State of U. P.

2016-01-06

MANOJ MISRA

body2016
JUDGMENT Manoj Misra, J. Counter affidavit filed today, is taken on record. 2. Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record. 3. The present bail application has been filed by the applicant in case crime No.19 of 2015, under Section 302 IPC and Section 3(2)(5) of S.C./S.T. Act, Police Station Gajner, District Kanpur Dehat with the prayer to enlarge her on bail. 4. The submission of the learned counsel for the applicant is that the applicant is the mother-in-law of the deceased and she has been falsely implicated by levelling allegation of demand of dowry as also of having been spotted in a compromising position with some other person by the deceased. It has been submitted that burn injuries were suffered by the victim in an accident and she was admitted in the hospital by her husband on 26.01.2015, where she died on 28.01.2015 whereas the first information report was lodged on 29.01.2015 even though the informant and her family members were immediately informed and they were present while she was being treated in the hospital. It has been submitted that the statement of the doctor, who has attended the victim in the hospital has been recorded under Section 161 Cr.P.C. in which he had stated that the father of the victim had informed him that the deceased had suffered accidental burn injuries. It has been submitted that the first information report has been lodged just to harass the family members of the husband of the deceased. It has been submitted that the applicant is innocent with no previous criminal history and is in jail since 21.03.2015 and, in case she is enlarged on bail, she will not misuse the liberty of bail. 5. Learned AGA has opposed the prayer for grant of bail to the applicant, but could not point out anything material to the contrary. 6. 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. 7. 5. Learned AGA has opposed the prayer for grant of bail to the applicant, but could not point out anything material to the contrary. 6. 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. 7. Let applicant Smt. Chhidana 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 or 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. (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 his 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.