Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49821 of 2020 Applicant :- Kanchan Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Akansha Verma,Deepak Kumar Verma,Siya Ram Verma Counsel for Opposite Party :- G.A. Hon'ble Umesh Kumar,J. Exemption application is allowed.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
This bail application has been preferred by the accused- applicant- Kanchan Devi, who is involved in Case Crime No. 108 of 2020, under Sections 498A, 304B I.P.C. and Section 3/4 D.P. Act, Police Station- Kuthaund, District- Jalaun.
Learned counsel for the applicant submits that applicant is innocent lady and has been falsely implicated in this case; that the applicant is the mother-in-law of the deceased; that no specific role is assigned to the applicant; that the entire family of applicant has been roped in by the informant-Ram Devi, mother of the deceased on 03.06.2020 for the incident said to have been taken place on 26.05.2020. The entire family of husband Sandeep has been roped; that the deceased has died on account of hanging. There is a ligature mark around the neck of the deceased except simple injury on her body. It is further submitted that co-accused Gajraj Singh has already been granted bail vide order dated 07.12.2020 by a coordinate Bench of this Court, passed in Criminal Misc. Bail Application No. 41202 of 2020. It is lastly submitted that the applicant has no criminal history to her credit and is languishing in jail since 06.08.2020 and in case she is released on bail she will not misuse the liberty of bail Learned A.G.A has vehemently opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the applicant involved in the aforesaid 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, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
3. However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused till furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. 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.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Needless to note that any observation touching the merit of the case, if has come in this order that is only for the purpose of deciding this bail application and learned Court below will not be influenced in any way thereof while deciding the case finally.
Order Date :- 5.1.2021 SK Srivastava Digitally signed by Justice Umesh Kumar Date: 2021.01.07 12:55:28 IST Reason: Document Owner Location: High Court of Judicature at Allahabad