Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30665 of 2021 Applicant :- Islaman Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Sharma Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Vikas Sharma, learned counsel for the applicant, Sri S.B. Maurya, 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-Islaman, seeking enlargement on bail during trial in connection with Case Crime No.340 of 2020, under Sections 498-A, 304-B, 34 I.P.C. and 3/4 Dowry Prohibition Act, registered at Police Station Kotwali Shamli, District Shamli.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is the mother-in-law of the deceased. It is argued that general and omnibus allegations have been made in the FIR against the applicant and her family members. Initially zero FIR was registered at police station Chandnibag, District Panipat which was registered as FIR No.0393 of 2020 on 12.07.2020 under Section 304-B and 34 IPC against six accused persons including the applicant which was later on transferred to Police Station Shamli, District Shamli and was registered under Sections 498-A, 304-B, 34 I.P.C. and 3/4 Dowry Prohibition Act. It is further argued that in the postmortem report, the doctor did not find any injury on the body of the deceased and as such the viscera was preserved but the same after chemical analysis was found to be containing Aluminum Phosphide poison. The marriage of the deceased with Intezar was solemnized on 25.7.2016 and the occurrence has taken place from 11.07.2020 to 12.07.2020. As per postmortem report, copy of which is annexed as annexure no.3 to the affidavit the doctor has specifically noted that there are six intact glass bangles present on the body of the deceased which would go to show that there was no resistance at any point of time prior to her death which is also suggestive of the fact that there was no forceful administration of poison. The same is suggestive of the fact that the deceased consumed poison herself and committed suicide. The husband of the deceased is in jail. The applicant is 66 years old lady and is entitled to get benefit under Section 437 Cr.P.C. It has also been pointed out that the applicant is not having any criminal history as stated in para 32 of the affidavit and is in jail since 10.06.2021.
Per contra learned A.G.A. has opposed the prayer for bail and argued that the applicant is named in the FIR. There are allegations against her and other co- accused persons, hence the prayer for bail be rejected.
After hearing the counsel for the parties and perusing the record, it is apparent that the applicant is the mother-in-law of the deceased. General and omnibus allegations have been made in the FIR against the applicant and his family members. The applicant is a lady. The husband of the deceased is in jail. The deceased committed suicide and died as there is no mark of injury on her body and even six glass bangles were found intact on her body.
Looking to 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-Islaman, 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 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 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, 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 in accordance with law and the trial court may proceed against him 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.
(Samit Gopal, J.) Order Date :- 16.8.2021 Gaurav