Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53682 of 2021 Applicant :- Lali Opposite Party :- State of U.P. Counsel for Applicant :- Shakil Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Lali with a prayer to release her on bail in Case Crime No.502 of 2021, under Sections 498-A, 323, 304-B I.P.C. & 3/4 Dowry Prohibition Act, P.S. Syohara, District Bijnor during pendency of the trial.
It is argued by the learned counsel for the applicant that the applicant is mother-in-law and has been falsely implicated in the present case. General allegations of demand of dowry has been made in the First Information Report. Marriage of informant's daughter with co-accused Mahesh was solemnized on 07.01.2021. Victim due to some unknown reason consumed poison, on that account she was died. He next argued that Bagwana, father-in-law has been granted bail by the court below on 06.12.2021. Applicant is mother-in-law and no allegation of demand of dowry has been levelled against her. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 11.10.2021 and in case she is enlarged on bail she will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant.
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 the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Lali be released on bail in Case Crime No.502 of 2021, under Sections 498A, 323, 304 I.P.C. & 3/4 Dowry Prohibition Act, P.S. Syohara, District Bijnor, on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 20.12.2021/SKD