Court No.28
Criminal Miscellaneous Case No. 23 of 2010
1- Km. Tanvir Fatima
2- Km. Talat Fatima
3- Km. Nuzhat Fatima
All the D/o Late Sri Nasirruddin
Resident of 431/347 Momin Nagar, Campel
Daulatganj, Police Station Saadatganj,
District Lucknow ...............Petitioners
Versus
State of U.P. and others ...........Opp. Parties
Hon'ble Alok K. Singh, J.
Heard the learned counsel for the petitioners and learned A.G.A. who has put in appearance on
behalf of opposite party nos.1 and 2.
At this stage notice in respect of opposite party no. 3 is dispensed with.
The application under Section 482 Cr.P.C. has been filed for quashing the impugned charge-
sheet dated 21.05.2009 arising out of Case Crime No.195 of 2009, under Sections 498-A I.P.C. and
Section 3/4 D.P. Act, Police Station Pali, District Hardoi.
The charge-sheet has been filed on the basis of the accusation made in the F.I.R. and the
evidence collected during investigation including the statements under Section 161 Cr.P.C. The other
averments are factual in nature that cannot be adjudicated in the present application. There does not
appear to be any sufficient cogent ground for quashing of the entire proceedings.
Learned counsel for the petitioners however submits that all of them are unmarried girls who
have been falsely implicated as usual by making false allegation of alleged demand of dowry. It is also
said that they have no means to furnish two surety bonds though being law abiding citizens intend to
participate in the proceedings after seeking bail. It is said that the offences are not so grave and triable
by Magistrate. All the petitioners are ladies who are entitled to get the benefit of relevant provisions
contained in Section 437 Cr.P.C. in respect of granting bail in favour of ladies and infirm persons.
Without entering into the merits of the case in view of the aforesaid facts and circumstances, it
is directed that if the applicants appear before the court concerned and apply for bail within one month
from today, both the courts below shall dispose of the application expeditiously, if possible, on same
day in accordance with the Full Bench decision of this Court Srimati Amrawati and another Vs. State
of U.P. 2004 CBC page 705 and Lal Kamlendra Pratap Singh Versus State of U.P. reported in 2009
(1) JIC 677 & 2009 (2) Crimes 4 (SC). Thereafter, the trial court may permit the applicants to appear
through counsel and raise their objection, if any, against the initiation of trial proceedings against them
at the stage of framing of charges. This relief is being granted up to the stage of framing of charges
only provided the applicants after securing bail (1) furnish an undertaking to the satisfaction of the trial
court that their counsel will remain present on their behalf and will represent them on each and every
date, (2) they will not raise any objection as to the actual presence of the person who is facing trial,
(3) an undertaking will also be given to the effect that they will be present before the court whenever
called upon to do so at any stage. These directions are being accorded in the light of the observations
made by Hon’ble Apex Court in the cases of M/s Bhaskar Industries Ltd. Vs. Bhiwani Denim and
Apparels Limited reported in 2001 Cri. Law Journal page 4250.
Till the aforesaid period of one month, bailable/non-bailable warrant, if any, shall be kept in
abeyance.
Keeping in view that the petitioners are unmarried girls who are not capable of furnishing two
bonds the learned court below may consider to enlarge them on bail on their executing personal bond
and only one surety bond each.
With these observations this application under Section 482 Cr.P.C. is finally disposed of.
07.01.2010
PAL/CMC No. 23 of 2010