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Allahabad High Court · body

2018 DIGILAW 2550 (ALL)

Bittan v. State of U. P.

2018-12-17

DINESH KUMAR SINGH

body2018
JUDGMENT : DINESH KUMAR SINGH, J. 1. Heard learned counsel for the accused-applicant(s) as well as learned A.G.A. and perused the record. 2. Accused-applicant seeks bail in F.I.R.No.0059 of 2018, under Section 302 I.P.C., Police Station Musafirkhana, District Amethi. 3. Learned counsel for the accused-applicant contends that the accused-applicant is a lady and mother of two children; she is accused of pushing two daughters of her uncle into a well as a result thereof they died; in fact, the accused-applicant tried to save her two cousins and she also fell down in the well while saving her cousins, the deceased; the accused-applicant was taken out of the well by the villagers, but her two cousins, who fell into well, could not be saved, and they died; there is no evidence on record to suggest that someone saw the accused-applicant pushing two minor girls into well; and there is no motive of the accused-applicant even otherwise of committing the offence. 4. On the other hand, Ms. Poonam Gupta, learned counsel representing the State, submits that aunt of the accused-applicant tried to convince the accused-applicant to go to her house and leave her house, which irritated the accused-applicant and in order to take revenge, the accused-applicant took along with her two daughters of her aunt and pushed them into well and as a result thereof they died. Ms. Gupta further submits that there is evidence of last-seen by one of the witnesses, who saw the minor girls going with the accused-applicant. 5. Evidence of last-seen is a special circumstance which needs to be explained by the person who is witness of special circumstance. Case of the accused-applicant is that these two deceased, aged about 10 years and 6 years, fell into the well and while saving them the accused-applicant also fell into the well which explains the circumstance in which the deceased died. Motive, as indicated, is not convincing at all for committing the murder of two girls at all. It requires strong motive, which has not come-forth from record of the case. 6. Considering the above facts and circumstances of the case coupled with the contentions raised by the learned counsel for both the sides and without entering into merit of the case, the applicant(s) is entitled to be released on bail. 7. It requires strong motive, which has not come-forth from record of the case. 6. Considering the above facts and circumstances of the case coupled with the contentions raised by the learned counsel for both the sides and without entering into merit of the case, the applicant(s) is entitled to be released on bail. 7. Let applicant-Bittan be released on bail in the above case crime number on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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 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.