Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6855 of 2018 Applicant :- Smt. Akhtari Opposite Party :- State Of U.P.
Counsel for Applicant :- Ghan Shyam Das,Sr. Advocate Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
A supplementary affidvit filed today is taken on record.
This is an application for bail filed on behalf of Smt. Akhtari in Case Crime No.667 of 2014, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, P.S. Dhoomanganj, District Allahabad.
Heard Sri Kamal Krishna, learned Senior Advocate assisted by Sri Pradeep Kumar Rai, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA alongwith Sri Vivek Dubey on behalf of the State.
The submission of the learned Senior Counsel appearing for the applicant is that she is the mother-in-law; that a general role has been assigned to her as asserted in paragraph 8 of the affidavit; that it is a case of accident by fire while she was cooking as asserted in paragraph 10 of the affidavit; that, in particular, it has been emphasized that the applicant is an old woman of 74 years of age, though mentioned as 72 years in paragraph 9 of the affidavit which was drawn up two years ago and that apart from other things the applicant in the submission of the learned counsel is entitled to bail on the ground of her old age alone. It is further submitted that the applicant is a respectable woman who is in jail since 05.12.2014; that it has further been emphasized that the applicant is in jail as an undertrial for period of more than three years by now with no end to the trial in sight where only one of the witnesses of fact has been examined (the cross- examination still remaining to be done).
Learned AGA has opposed the bail plea with the submission that it is a case of death of a wife in her matrimonial home within seven years of marriage with a background of dowry demand. In particular, learned AGA has drawn the attention of the Court to the dying declaration of the deceased annexed at page 39 of the paper-book where she has said that she was set on fire by her husband, two sisters-in-law, the applicant, her mother- in-law by dousing her in kerosene and set afire. He submits that since the applicant has been named in the dying declaration she is not entitled to bail. However, he does not dispute the fact that the applicant is aged about 74 years and in jail for a period of three years.
Learned counsel for the applicant at this stage has rejoined to say that of all the nominated accused in the dying declaration the two sisters-in-law have been exculpated by the police with a final report submitted in Court and that the dying declaration is cast in general terms which does not assign a particular role to the applicant.
Be it as it may, considering overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, the evidence appearing in the case, in particular, the period of detention for the applicant as an undertrial and her age, this Court without expressing any opinion on merits finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
It is made clear that the benefit of this order will not be available to the other accused in the case.
Let the applicant Smt. Akhtari involved in the aforesaid case be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall appear on the date fixed by the trial court.
(iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
(v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
However, it is directed that the aforesaid case crime number pending before the concerned court below be decided within six months from the date of receipt of certified copy of this order in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Let a copy of the order be certified to the court concerned for strict compliance.
Order Date :- 22.2.2018 Shahroz