Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35088 of 2021 Applicant :- Smt. Minakshi Opposite Party :- State of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.,Manoj Kumar Tripathi,Vinod Kumar Tirpathi
Hon'ble Rajiv Joshi,J.
Heard Sri Gaurav Kakkar, learned counsel for the applicant, learned AGA for the State, Sri Vinod Kumar Tripathi, learned counsel for the informant, and perused the record.
This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 180 of 2021, under Section 305 IPC, Police Station Afzalgarh, District Bijnor, during pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and she has falsely been implicated in the present case. As per the first information report, which was lodged by father of the deceased with the allegation that the applicant insisted upon the son of the informant to have physical relations with her, as a result thereof, he was mentally stressed and alleged to have been committed suicide on 27.6.2021. It is next contended by learned counsel for the applicant that there is a suicide note, which was alleged to have been written by the deceased himself to the effect that the applicant is responsible for the suicide. Subsequently, during investigation the suicide note was sent to handwriting expert for verification and the opinion of the handwriting expert is to the effect that the said handwriting does not tallied with the handwriting of the deceased as obtained from his school copy. It is next contended by learned counsel for the applicant that there is different story set up in the suicide note, which is contrary to the allegation made in the first information report. It is next contended by learned counsel for the applicant that three days prior to commission of suicide, the deceased was caught red handed by the applicant for stealing her mobile phone regarding which an application was given to the police on 23.6.2021, as a result of which, the parents of the deceased had been called to the police station and after that mobile phone was handed over to the applicant, which was stolen by the deceased. It is next contended by learned counsel for the applicant that due to fear of loss of dignity and reputation of the family members, he took this extremely tough step of committing suicide in the state of unhappiness, depression and guilt. There is no evidence for abetment against the applicant except the allegation made in the first information report and the statement of the informant and his wife. It is next contended by learned counsel for the applicant that ingredients for attempt to commit offence as defined under Section 107 IPC are not fulfilled. It is next contended that applicant is a lady of 38 years and has two sons aged about 18 years and 14 years respectively and there is no occasion to seduce the son of the informant. The applicant being a lady, is entitled for benefit of Section 437 (6) Cr.P.C. It is lastly contended that the applicant has no other criminal history. She is in jail since 29.06.2021 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.
Learned AGA appearing for the State as well as learned counsel for the informant vehemently opposed the prayer for bail but could not dispute the aforesaid facts and legal submissions as argued by the learned counsel for the applicant.
Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant- Smt. Minakshi involved in the aforesaid crime be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. She will not tamper with the witnesses.
3. She will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 29.10.2021 Noman