High Court
Case Details
Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31136 of 2022 Applicant :- Chandrawati@ Virma Devi Opposite Party :- State of U.P. Counsel for Applicant :- S.S. Rajput Counsel for Opposite Party :- G.A.,Atul Kumar Singh Hon'ble Rahul Chaturvedi,J. Case called out in revised call. None appeared on behalf of the informant. With the aid and help of learned AGA, the Court is proposing to decide the present bail application on merits.
Legal Reasoning
Heard Sri S.S.Rajpur, learned counsel for the applicant 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.389 of 2021, under Section 498-A, 304-B IPC and Section 3/4 of the Dowry Prohibition Act, Police Station-Banna Devi, District-Aligarh is seeking enlargement on bail during the trial. The applicant is languishing in jail since 25.05.2022. It is contended by the counsel that as per the prevailing practice in the society the entire family of Rahul (husband) has been roped in for the demand of additional dowry of Rs. 2 lakhs. The marriage of Rahul with Rekha (hence deceased) was allegedly solemnized on 08.05.2019 and she died under the unnatural circumstances at the residence of the applicant. The incident is of 08.05.2019 for which the FIR of the incident was got registered on 09.07.2021. The alleged incident is said to have been taken place on 05.06.2021, there is no plausible justification coming forward, which explains this inordinate delay in lodging the present FIR. It is further contended by the counsel that since the autopsy report of the deceased indicates that there is external mark of injury seen over the body of the deceased. Her viscera is sent to FSL and as per the report of FSL, Agra dated 09.12.2021, no poison was found in the viscera of the deceased. Thereafter CMO, Aligarh on his own has consituted a panel of three doctors to look in the matter and who in their report dated 08.03.2022 have clearly indicates that "from the evaluation PM Report and Viscera analysis report, no obrious cause of death could be established. However remote possibility of heart attack could not be ruled out.". Thus on this, it has been argued by the the learned counsel for the applicant that when panel of doctors have ruled out any unnatural reason for the sad demise of the deceased and the doctor could not ruled out the remote possibility of cardiac arrest. Under these circumstances Section 304B IPC shall not be applicable against the applicant. Sri A.K. Sharma, 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, Chandrawati@ Virma Devi, 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 :- 13.10.2022 Abhishek Sri. Digitally signed by ABHISHEK RANJAN SRIVASTAVA Date: 2022.10.15 12:42:46 IST Reason: Location: High Court of Judicature at Allahabad