Rajesh Singh Chauhan, J.:— Heard learned counsel for the applicants and the learned Additional Government Advocate for the State.
2. This bail application has been preferred by the applicants (Phoolmait and Keshamati @ Miliya) who are in jail since 29.07.2020, in Case Crime No. 556 of 2020, under Section 306 I.P.C., Police Station-Nighasan, District-Lakhimpur Kheri.
3. The submission of learned counsel for the applicants is that the present applicants are innocent persons, as they have not committed any offence as alleged in the First Information Report.
4. Learned counsel for the petitioner has further submitted that the deceased has committed suicide on account of family tension. The allegation of abetment has been levelled against the present applicants, however, the present applicants have not abetted the deceased for committing suicide. He has further submitted that the co-accused, namely, Mahesh, has been granted bail by this Court vide order dated 15.03.2021 passed in Bail No. 2994 of 2021 (Annexure No. 6). More or less, the allegations against all the accused persons are similar. It has been further submitted that both the applicants are ladies and are in jail for a quite long time, therefore, they may be given the benefit of Section 437 Cr.P.C. Further, the charge-sheet has already been filed in this Case. It has been undertaken on behalf of the applicants that they shall cooperate with the trial proceedings and shall not misuse the liberty of bail if granted to them and shall be abide by the terms and conditions of the bail order.
5. At last, it has been submitted by learned counsel for the applicants that in the given circumstances of Covid-19 pandemic, they are vulnerable in jail looking into the pathetic condition of the jail, therefore, they may be enlarged on bail.
6. On the other hand, learned Additional Government Advocate has opposed the prayer for bail by submitting that since the role of the applicants was found in the commission of crime, therefore, they are not entitled for grant of bail, but he could not dispute the aforesaid factual contention of learned counsel for the applicant.
7. Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on the merits of the case, I am of the view that the applicants are entitled to be released on bail in this case.
8. Let the applicants, (Phoolmait and Keshamati @ Miliya), be released on bail in the aforesaid case crime number on their furnishing a personal bond each 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Penal Code, 1860.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Penal Code, 1860.
(iv) The applicants 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 applicants 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 them in accordance with law.