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2021 DIGILAW 646 (ALL)

Shiv Devi v. State of U. P.

2021-07-09

CHANDRA DHARI SINGH

body2021
JUDGMENT : 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant is involved in Case Crime No.178 of 2020 under sections 498-A, 304-B, 323, 201 IPC and 3/4 D.P. Act, P.S. Sakran, District Sitapur. 3. It is submitted by learned counsel for the applicant that applicant is old lady and mother-in-law of deceased. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. She has no concern with the demand of dowry and she is not beneficiary of the same. Applicant has no concern with deceased and her husband. Deceased has committed suicide herself. She is languishing in jail since 16.07.2020 having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial. It has also been submitted that one of the co-accused namely Virendra Kumar, brother of the husband of the deceased, has been granted bail by this Hon'ble Court vide order dated 09.12.2020 passed in Bail No.10410 of 2020. 4. Learned AGA has vehemently opposed the prayer for bail but not contradicted the aforesaid fact. 5. I have considered the fact that during the course of argument, learned A.G.A. has not made any apprehension with regard to the threat or tampering with the prosecution witnesses or documentary evidence. The applicant is a lady of 58 years and is in jail since 16.07.2020. Co-accused Virendra Kumar has already been granted bail by this Court. There is no allegation with regard to non-cooperation with the investigating agency. The applicant also undertakes that she will appear in trial as and when required and shall abide by the conditions of bail imposed by this Court. 6. Co-accused Virendra Kumar has already been granted bail by this Court. There is no allegation with regard to non-cooperation with the investigating agency. The applicant also undertakes that she will appear in trial as and when required and shall abide by the conditions of bail imposed by this Court. 6. In view of above facts and circumstances of the case, I am satisfied that there is no reason of apprehension that the applicant would not co-operate with the trial and her presence can not be ensured and the fact situation tilts in favour of the applicant in the absence of any concrete material that she is likely to tamper with the witnesses and further the apprehension in the mind of the witness as also the material brought on record, the foundation of accusations, I am inclined that it is a fit case for grant of bail to the applicant. 7. Thus the present application is allowed. 8. Let the applicant Shiv Devi be released on bail in aforesaid first information report number on his furnishing a personal bond and two reliable sureties required by the Court concerned with the following conditions: 1. The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and 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. 2. 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. 3. In case, the applicant misuses the liberty of bail 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. 4. 4. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. 5. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. 6. The computer generated copy of such order shall be self attested by the counsel or the party concerned. 7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.