Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25641 of 2021 Applicant :- Manju Devi Opposite Party :- State of U.P. Counsel for Applicant :- R.K. Shahi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No.0464 of 2020, under sections 498-A and 304-B I.P.C. and 3/4 D.P. Act, P.S. Kasia, District- Kushinagar and is in jail since 02.03.2021, is seeking enlargement on bail during the trial.
The F.I.R. of the incident was lodged by complainant in pursuance of the application filed under Section 156(3) Cr.P.C. by the complainant about the unnatural death of his daughter Tara Devi. It was alleged in the F.I.R. that family members of the husband of the deceased were demanding additional dowry from the complainant and his family. She was given electric shock by her in-laws in connection with additional demand of dowry.
Learned counsel for the applicant submitted that the incident took place on 26.06.2019 and report was lodged on 28.07.2020 after delay of more than one year; the deceased died due to electric current which was mentioned in the inquest report, inquest report has been annexed as Annexure-2 to the affidavit and she was taking to the hospital by her in-laws; post mortem of the deceased was conducted and the Doctor found that she died due to electric current; husband of the deceased has informed the family members of the deceased and family members of the deceased had come at the place of occurrence and father of the deceased was nominated as Panch in the Panchayatnama, which is evident from page 34 of the paper book.
He further submitted that the applicant happens to be mother-in- law of the deceased. General allegations of additional demand of dowry have been leveled against all the accused persons. He lastly submitted that the applicant, who is in jail since 02.03.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Manju Devi be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official 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.
Order Date :- 27.7.2021 Asha