The Allahabad High Court has allowed the bail application of a woman in the case of a girl’s murder. A single-judge bench of Justice Rahul Chaturvedi passed this order while hearing a Criminal Misc Bail Application filed by Kumari Gudiya.
By means of the bail application, the applicant, who is facing prosecution in connection with Case, State vs Arshul @ Sonu and others, under Section 498A, 304-B, 306 IPC and Section ¾ of Dowry Prohibition Act, PS Aliganj, District Bareilly, is seeking her enlargement on bail during trial. The applicant has been in jail since July 4, 2021.
Submission of counsel for the applicant is that as per the prevailing practice, the FIR has been registered by the informant Islam Khan under aforementioned sections of the IPC on July 01, 2021 for the incident said to have taken place on June 30, 2021 against Arshul @ Sonu (husband) and 10 other family members.
It is argued by counsel that the only sin of the applicant is that she is an unmarried sister-in-law of the deceased and has been falsely implicated in the case. It is true that this unfortunate incident took place within two and half months of the marriage and the allegation is that there was a demand of Rs 10 lakh additional dowry and the dead body of the deceased was being carried in a gunny bag. In addition to this, all family members have fled after the incident and from this, it has been inferred that the applicant might have been actively involved in the case.
The contention raised by the counsel for the applicant is that by no stretch of imagination the applicant, who is the unmarried sister-in-law, aged 25, would benefit by the additional dowry. There is no dying declaration on record and the husband is in jail. Post-mortem report clearly reveals that except the singular ligature mark around her neck, there is no other injury on her person. The cause of death could not be ascertained by the doctor and the viscera has been sent for chemical analysis. The applicant is already in jail from last almost six months, having no criminal antecedents to her credit.
Additional Government Advocate opposed the prayer for bail but could not dispute the above facts. “Keeping in view the nature of the offense, evidence on record regarding complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail,” the court observed while allowing the bail application.
The Court ordered that,
Let the applicant Kumari Gudiya, who is involved in aforementioned case crime, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties are verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 IPC.
(iii) The applicant 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 CrPC. 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 a default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229- A IPC.
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 extraordinary circumstances.