Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17889 of 2021 Applicant :- Mamta Opposite Party :- State of U.P.
Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State through video conferencing.
It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. In fact, there was some property dispute between deceased and his brother due to which husband of applicant was assassinated. FIR has been lodged against the applicant along with her brother and two other persons. Later on, son of applicant, namely Subendra @ Sobharam was also arrested on the basis of confessional statement of co-accused, Girish (brother of applicant) and he was enlarged on bail by this Court on 19.03.2021 in Criminal Misc. Bail Application No. 15113 of 2021. It is next submitted that role of conspiracy has only been assigned to the applicant, who is wife of deceased. Nothing has been recovered either at the pointing out or on the possession of the applicant. In fact, dead body of the deceased has been recovered on the pointing out of co-accused Girish. Applicant has no criminal history and she is in jail since 05.10.2020, undertakes that she will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicant- Mamta, involved in Case Crime No. 459 of 2020, under Sections- 302, 120-B, 201 I.P.C., Police Station- Jaithra, District Etah, be enlarged on bail on her executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfilment of following conditions:-
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 remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
5. In case, the applicant misuses the liberty of bail and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with law.
7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court her bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 24.5.2021 Arvind