Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43457 of 2021 Applicant :- Khurshida @ Khurshid Begum And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants are mother-in-law and father-in-law of the deceased. They have no concern with the present matter. They are living separately. No specific role has been assigned to the them. A general role has been assigned in the F.I.R. Neither they raised any demand of dowry at any point of time nor was deceased subjected to cruelty or harassment by them. Merely because they are the parents of the husband of the deceased, they have been roped in falsely in this case by the informant. Cause of death of the deceased is ante mortem hanging. They have no criminal history. They are languishing in jail since 31.7.2021 and 16.8.2021 respectively. 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 A.G.A. opposed the prayer for bail.
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, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, and without expressing any opinion on the 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 applicants Khurshida @ Khurshid Begum and Mehboob involved in Case Crime No.380 of 2021 under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, Police Station Chandausi, District - Sambhal be released on bail on furnishing 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. 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.
4. 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 him 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.
Order Date :- 28.10.2021 ss