Prema Devi (Second Bail) vs State Of U.P. Thru Prin. Secy. Home Lucknow

Attau Rahman Masoodi, J

Heard Sri Jyotindra Mishra learned Senior Counsel assisted by Sri Kapil Mishra learned counsel for the accused-applicant, learned A.G.A. for the State and Sri Manish Srivastava holding brief of Sri Ankit Trivedi learned counsel for the complainant.

This bail application has been filed by the accused-applicant Smt. Prema Devi, who is involved in Case Crime No. 351 of 2019, under Sections 302, 307, 352 IPC, Police Station Kothi, District Barabanki.

This is second bail application. First bail application was rejected by order dated 13.10.2020 on the ground that it was a broad daylight murder and the presence of the accused applicant besides the role assigned to her is specific. Later on, co-accused Pratap who was assigned the similar role of catching hold has been enlarged on bail by this Court in Crl. Misc. Bail Application No. 4626 of 2020 on 18.2.2022. The evidence of P.W. 1 has also been recorded. The P.W. 1 in the cross-examination has altered the version of the prosecution story to the extent that the banka used by Krishna Kumar is said to have hit the deceased while running in the garden. The applicant is in jail since 18.12.2019. The applicant does not have any past criminal history.

The accused applicant however undertakes not to misuse the personal liberty granted under this order and has assured that he shall not indulge into any anti-social or nefarious activity.

Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.

Having regard to the testimony of two witnesses produced before the trial court, without expressing any opinion on the merit of the case, a case for bail is made out.

Let the applicant be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Court concerned, subject to following conditions :-

(i) The applicant shall file an undertaking to the effect that he 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him 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 his 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 him, 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 him in accordance with law.