Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26709 of 2020 Applicant :- Babita @ Babita Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Vineet Kumar Singh,Raj Kishor Mishra Counsel for Opposite Party :- G.A.,Surendra Mohan Mishra
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No. 63 of 2020, under Sections 498- A, 323, 304-B IPC and Section 3/4 of the Dowry Prohibition Act, 1961, Police Station Khajani, District Gorakhpur, during pendency of trial.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case with ulterior motive. She has no criminal antecedents. It is further submitted that the applicant is nanad of the deceased; the deceased in her dying declaration had stated that the applicant was sitting in another room while she (deceased) set her on fire; the informant / P.W.
-1 in his statement recorded on 7.10.2021 (Annexure no. SA-1) has belied the entire prosecution story; the applicant is a married lady, lives in Mumbai with her family; she did not commit any offence as alleged. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required. The applicant is languishing in jail since 15.6.2020. She undertakes that she will not misuse the liberty, if granted, therefore, she may be released on bail.
Learned counsel appearing for the opposite party vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, perusal of dying declaration of the deceased (Annexure-6), nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Considering the facts and circumstances of the case, I find it to be a fit case for bail. Let the applicant – Babita alias Babita Devi involved in the aforementioned crime be released on bail, on her furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;
(2) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. She 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;
(3) 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.; and
(4) In case, the applicant misuses the liberty of bail during trial 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, the trial court shall initiate proceedings against her, in accordance with law under Section 174-A of the Indian Penal Code.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
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 :- 28.10.2021 Digamber