Allahabad High Court
Smt. Gaura Devi And Another vs State Of U.P. on 15 June, 2020
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13596 of 2020 Applicant :- Smt. Gaura Devi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants, Smt. Gaura Devi and Nebbu Lal seeking bail in Case Crime No. 0381 of 2018, under Sections 498-A, 323, 504, 506, 313 I.P.C. and 3/4 of D.P. Act P.S. Bhadohi, District Bhadohi.
Learned counsel for the applicants has submitted that the applicants are father-in-law and mother-in-law of the victim. The victim in her statement recorded under section 164 Cr.P.C. has stated that her brother-in-law (Dewar) used to commit rape upon her, as a result of which she conceived and the applicants alongwith her brother-in-law has got her child aborted.
Learned counsel for the applicant has next submitted that the applicants have no specific role in commission of the present offence and general allegation has been made against them and as such primafacie a case for bail is made out.
It is lastly submitted that the applicants are in jail since 7.2.2020 and in case the applicants are released on bail they will not misuse the liberty of bail and will cooperate in trial by all means.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicants.
In view of the above, without expressing any opinion on the final merits of the case, let the applicants -Smt. Gaura Devi and Nebbu Lal involved in the aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants 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 them in accordance with law.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) 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.
In view of the extraordinary situation prevailing in the State due to Covid-19, the directions of this Court dated 06.04.2020 passed in Public Interest Litigation No. 564 of 2020 (In re vs. State of U.P.) shall also be complied. The order reads thus:
"Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, I deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused-applicants undertakes to furnish required sureties within a period of one month from the date of their actual release."
Order Date :- 15.6.2020 R