Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21404 of 2021 Applicant :- Smt. Ganga Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Vipin Chandra Pandey Counsel for Opposite Party :- G.A.,Ashutosh Kumar Pandey
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Smt. Ganga Devi, in Case Crime No. 30 of 2020, under Sections-498-A, 304-B, I.P.C. and 3/4 Dowry Prohibition Act, Police Station-Kagaraul, District-Agra.
Learned counsel for the applicant argued that the accused- applicant is innocent; she has been falsely implicated in this very case crime number and is languishing in jail since 07.07.2020; she is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. No specific allegation of demand of dowry or cruelty with regard to it, is there, rather, accusation of living at parental house, then causing assault, resulting depression of deceased is against husband Hemant, who is languishing in jail; it is a death at parental house by ante mortem hanging with no specific ante mortem injury other than ligature mark of hanging over person of the deceased. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose the above factual aspect that death was owing to suicide by way of ante mortem hanging at parental house itself and accusation of demand of dowry is against husband who is languishing in jail; accusation against the applicant is general in nature and she is of no criminal antecedent.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out. Accordingly, the bail application is allowed.
Let the applicant, Smt. Ganga Devi, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail.
Order Date :- 27.7.2021 Deepak/