Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25253 of 2021 Applicant :- Smt. Kusum @ Kusuma Opposite Party :- State of U.P.
Counsel for Applicant :- Prashant Kumar Singh,Harsh Narayan Singh,Krishna Kumar Yadav Counsel for Opposite Party :- G.A.,Sweety Srivastava
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant, Smt. Kusum @ Kusuma, in Case Crime No. 052 of 2021, under Sections 498-A, 304-B IPC and Sectio 3/4 of Dowry Prohibition Act, Police Station Bisanda, District Banda.
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 12.3.2021 ; 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; she is 76 years old lady whereas death is owing to ante mortem hanging with no injury over the person of deceased; it was a suicide; no demand of dowry was ever made nor any cruelty with regard to it was there; general allegation of demand of dowry has been levelled; husband is already languishing in jail; co-accused have not been charge-sheeted. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not dispute the fact that applicant is of no criminal antecedents and there is no ante mortem other than ligature mark of hanging.
Having heard and gone through materials placed on record, considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tempering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Smt. Kusum @ Kusuma, involved in above mentioned case crime number be released on bail on her 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 his 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 :- 30.7.2021 Ravi Prakash