Court No. - 69

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47115

of 2020

Applicant :- Smt. Gya Shree

Opposite Party :- State of U.P.

Counsel for Applicant :- Upendra Upadhyay

Counsel for Opposite Party :- G.A.

Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the applicant and learned A.G.A. for

the State.

It is submitted by the learned counsel for the applicant that

applicant has been falsely implicated in the present case. It is

further submitted that applicant is mother-in-law of the

deceased aged about 70 years. F.I.R. has been lodged against

seven family members with general allegation. Ultimately name

of five co-accused has been dropped by the police and charge

sheet was submitted against husband and mother-in-law. It is

next submitted that as per post mortem report, cause of death is

asphyxia due to ante mortem injuries with ligature mark.

Applicant has no criminal history and she is in jail since

07.09.2020, undertakes that she will not misuse the liberty, if

granted.

Learned A.G.A. has vehemently opposed the prayer but could

not dispute the aforesaid facts.

Considering the facts and circumstances of the case and also

perusing the material on record, without expressing any opinion

on the merit of the case, let the applicant- Smt. Gya Shree,

involved in Case Crime No. 140 of 2020, under Sections- 498-

A, 304-B I.P.C. and 3/4 D.P. Act, Police Station- Eka, District

-Firozabad, be enlarged on bail on her executing a personal

bond and two sureties each in the like amount to the satisfaction

of the court concerned. It is further provided that this bail order

available on the official website of the High Court will be taken

to be the authentic one and certified copy shall be submitted

before that court concerned as soon as it is issued.

This bail order would be subject to the fulfilment of following

conditions:-

1. The applicant shall not tamper with the prosecution evidence

by intimidating/ pressurizing the witnesses, during the

investigation or trial.

2. The applicant shall cooperate in the trial sincerely without

seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or

commission of any crime after being released on bail.

4. 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 the Indian Penal

Code;

5. In case, the applicant misuses the liberty of bail 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 of the Indian Penal Code.

6. 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 default of this

condition is deliberate or without sufficient cause, then it shall

be open for the trial court to treat such default as abuse of

liberty of her bail and proceed against her in accordance with

law.

7. In case the applicant has been enlarged on short term bail as

per the order of committee constituted under the orders of

Hon'ble Supreme Court his bail shall be effective after the

period of short term bail comes to an end.

In case of breach of any of the above conditions, it shall be a

ground for cancellation of bail.

Order Date :- 8.1.2021

Rmk.