Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26923 of 2020 Applicant :- Smt. Guniya And Anr Opposite Party :- State of U.P.
Counsel for Applicant :- Mahadeo Singh Chandel Counsel for Opposite Party :- G.A.,Amit Kumar Dixit
Hon'ble Om Prakash-VII,J.
Rejoinder affidavit filed today is taken on record.
Heard Shri Mahadeo Singh Chandel, learned counsel for the applicants, Shri Amit Kumar Dixit, learned counsel for the informant as well as learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. Applicants are parents of the husband of the deceased. They have no concern with the present matter. F.I.R. was lodged after a gap of about 18 days. No plausible explanation have been given regarding the delay occurred in lodging the F.I.R.. Referring to the post-mortem report, it is further submitted that although two contusion were found on the body of the deceased yet cause of death is asphyxia due to ante mortem drowning. It is further submitted that deceased was washing cloths in the cane river, she fell down and due to that reason, she sustained injuries and for the aforesaid reason she sink in the river. It is further submitted that no demand was ever made by the applicants nor caused cruelty or harassment in connection with the said demand. Applicants have no criminal history. They are languishing in jail since 19.05.2020 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for the informant as well as learned AGA opposing the prayer for bail argued that deceased was firstly beaten by the applicant, thereafter she was thrown in the river as is clear from the post mortem report itself. Applicants were also raising the additional demand of dowry and were causing cruelty or harassment to the deceased in connection with the said demand.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Smt. Guniya and Raj Bahadur Yadav involved in Case Crime No. 38 of 2020, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, P.S. Mataundh, District - Banda be released on bail on furnishing each a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 6.4.2021 Sanjeet