Allahabad High Court
Smt. Sudha vs State Of U.P. on 9 February, 2021
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39933 of 2020 Applicant :- Smt. Sudha Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Lal Srivastava,Pankaj Sharma,Prashant Sharma,Sr. Advocate, Sri S.K. Varma Counsel for Opposite Party :- G.A.,Kuldeep Kumar Hon'ble Rahul Chaturvedi,J.
Heard Sri I.K.Chaturvedi, learned Senior Advocate assisted by Sri Pankaj Sharma, learned counsel for the applicant, Sri Kuldeep Kumar, learned counsel for the informant as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in case crime no.0394 of 2020, under Section 498-A, 304-B IPC and Section 3/4 of the Dowry Prohibition Act, Police Station- Echotech III, District-Gautam Budh Nagar is seeking enlargement on bail during the trial. The applicant is languishing in jail since 02.09.2020.
Contention raised by the learned counsel for the applicant that the deceased died in a mysterious and unnatural circumstances within seven years of marriage by hanging herself. General and omnibus role has been attributed to all family members including the present. Submission made by the counsel that father-in-law enjoying the anticipatory bail passed by coordinate Bench of this Court on 25.01.2021. Sri I.K.Chaturvedi, learned Senior Counsel submitted that his client has complied with the condition of the directions given by the court while allowing Anticipatory Bail to the father-in-law by depositing of a demand draft of Rs. 6 lakhs in favour of the informant.
It is further contended by the counsel for the applicant that the deceased was suffering from Hepatitis-B and was undergoing treatment. On this account she was morose and feeling down and out of sheer frustration that she is ailing from long time. She has committed suicide by hanging herself. There is no mark of injury over her person except the ligature mark, suggestive of the fact that she has committed suicide. It has further contended that the applicant who is elderly aged lady of 70 years suffering from Cancer and other age related ailment and she has languishing in jail since 02.09.2020.
Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant- Smt. Sudha, be released on bail in the aforesaid case crime number on 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 APPLICANT/APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE/THEY SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES IS/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/APPLICANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER/THEIR COUNSEL. IN CASE OF HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIS/HER/THEIR UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT/APPLICANTS MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT/APPLICANTS FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIS/HER/THEIR, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANT/APPLICANTS SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANT/APPLICANTS IS/ARE 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 HIS/HER/THEIR IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT/APPLICANTS.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant/applicants to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:
1. The applicant/applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is/are restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
2. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
3. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
4. 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.
Order Date :- 9.2.2021 Abhishek Sri.