Allahabad High Court
Smt. Poonam Yadav vs State Of U.P. on 28 January, 2020
Author: Suneet Kumar
Bench: Suneet Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 2 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3247 of 2020 Applicant :- Smt. Poonam Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Hari Narayan Singh Counsel for Opposite Party :- G.A.,B0393 Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, Shri Bharat Singh, learned counsel for the complainant and learned A.G.A. appearing for the State and perused the record.
Applicant is the wife of the deceased. Allegation against the applicant is that the deceased visited the family of his in-laws on receiving phone call from applicant, thereafter, it is alleged that the deceased was murdered and his body was found hanging from a tree; the allegation is against the wife and in-laws.
It is urged that initially F.I.R. was lodged under Section 302 IPC, charge-sheet has been filed under Section 306 IPC; the only allegation against the applicant is that she made a phone call inviting the deceased to her parental house; it is a case of suicide; the postmortem report shows ligature mark on the neck; the F.I.R. was lodged belatedly after 9 days of the incident; the inquest report shows that the cause of death is suicide; body of the deceased was found 40 kms away from the applicant's house in the plot of the informant (mother of the deceased); applicant has been falsely implicated in the instant case; applicant having no other reported criminal antecedent is languishing in jail since 1.11.2019.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant-Smt. Poonam Yadav involved in Case Crime No. 5 of 2019, under Sections 147, 306 I.P.C., Police Station Belhar Kalan, District Sant Kabir Nagar be released on bail on her furnishing a personal bond of Rs. One lac with two sureties (one should be of his family members) each in the like amount to the satisfaction of the 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.
Order Date :- 28.1.2020 S.Prakash