Salma vs State Of U.P.

Second supplementary affidavit filed by learned counsel for the applicant is taken on record.

Heard learned counsel for the accused-applicant and learned A. G. A. for the State of U. P.

This bail application has been moved on behalf of accused-applicant Salma in Case Crime No.474 of 2015 registered u/s 302, 201/34 IPC, P. S. Nababganj, District-Allahabad.

It has been submitted by the learned counsel for the accused-applicant that she is innocent. Further submission is that applicant is the informant of the case and on the basis of statement of Mahmooda Begum, she was made accused in this case. Subsequently, Mahmooda Begum filed an application annexing therewith an affidavit to the concerned Senior Superintendent of Police. The trial of the case is pending. During course of trial Mahmooda Begum has denied the factum of illicit relationship of co-accused Wasim with accused-applicant Salma. Learned counsel for the applicant further submits that on the date of incident the accused-applicant was sleeping along with her children in another room. The witness Mahmooda Begum in her statement before the Court has denied the factum of administering sedative tablet to her son by his wife i.e. accused-applicant Salma. Therefore, the applicant is entitled to be released on bail.

Learned A. G. A. has opposed the bail application and has submitted that the co-accused Wasim has made a confessional statement before the police wherein the role of Salma has also been mentioned.

Considering the facts and circumstances of the case, nature of accusation, gravity of offence and rival submissions of both the sides, without expressing any opinion on merits of the case, I am of the opinion that it is a fit case for grant of bail to accused-applicant.

Let the accused-applicant Salma involved in aforesaid case crime be admitted to bail subject to her executing a personal bond and furnishing two heavy and reliable sureties each in the like sum to the satisfaction of the Court concerned on the following conditions :-

(i) The applicant shall file an undertaking that she will co-operate in the expeditious disposal of the case.

(ii) The applicant shall also file an undertaking to the effect that she will not seek any adjournment on the dates fixed for evidence when the witnesses are present in the 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.

(iii) 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 IPC.

(iv) 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 IPC.

(v) The applicant shall remain present in person before the trial Court on the dates fixed for (a) opening of the case, (b) framing of charge and (c) 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.