Heard learned counsel for the applicant through video conferencing mode, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Smt. Muskaan @ Naina, seeking enlargement on bail during trial in connection with Case Crime No. 594 of 2019, under Section(s) 302, 498A I.P.C., registered at P.S.- Loni, District- Ghaziabad.
Learned counsel for the applicant argued that no specific role has been assigned to the applicant and only general allegations have been made. It is further submitted that the applicant is second wife of the husband of the deceased and has no concern with the alleged incident but she has been falsely implicated in this case. The deceased - Shabana @ Chaman committed suicide. Submission is that the deceased sustained 90% burn injuries on her body hence it cannot be ascertained that the deceased was in a position to depose her statement. It is further submitted that the dying declaration of the deceased was recorded by the I.O. u/s 161 Cr.P.C. and not by any Magistrate in spite of the fact that she remained alive for six days after the incident. Further submission is that co-accused Bablu and Smt. Husanbano, having identical role, have already been granted bail. The applicant has no previous criminal antecedents as stated in para-25 of the affidavit and is in jail since 21.6.2019. If she is released on bail she will never misuse the liberty and will cooperate with trial.
Per contra, learned AGA opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Smt. Muskaan @ Naina, be released on bail in the aforesaid case crime number on furnishing a personal bond 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 applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he/she 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.
(iv) 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/her 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/her, in accordance with law, under section 174-A I.P.C.
(V) 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 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 him/her in accordance with law and the trial court may proceed against him/her under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 16.4.2021 Vandana