Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29191 of 2021 Applicant :- Smt. Munesh Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Gaurav Kakkar,Raghvendra Prakash Counsel for Opposite Party :- G.A.,Rohit Shukla
Hon'ble Samit Gopal,J.
Heard Sri Gaurav Kakkar, learned counsel for the applicant, Sri Rohit Shukla, learned counsel for the first informant and Sri Satish Kumar Singh, learned A.G.A. for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Smt. Munesh Devi, seeking enlargement on bail during trial in connection with Case Crime No.28 of 2021, under Sections 498-A, 304- B I.P.C. and 3/4 of Dowry Prohibition Act, registered at Police Station Kakod, District Bulandshahar.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is the mother-in-law of the deceased. Although the marriage of the deceased with the son of the applicant was solemnized around one year and eight months prior to the date of occurrence but the implication of the applicant therein is false and the story regarding demand of dowry, torture and harassment of the deceased is a concocted version. It is further argued that the doctor conducting the postmortem examination of the deceased found only a single ligature mark on her body and cause of death is as asphyxia as a result of hanging which is suggestive of suicide. The reason for the deceased to commit suicide was her illness for which she was being treated by the doctors and even various pathological tests were conducted, copy of the same is annexed as Annexure No.6 to the affidavit. It is further argued that since the same related to the parts of the body relating to fertility of the lady, she was under misconception that she would not conceive and as such she was under depression and committed suicide. It is argued that general and omnibus allegations have been made in the FIR against the applicant and her family members. The husband of the deceased is in jail. The applicant is lady and is entitled to get benefit under Section 437 Cr.P.C. It has also been pointed out that the applicant is not having any criminal history as stated in para 31 of the affidavit and is in jail since 28.05.2021.
Per contra learned counsel for the first informant and counsel for the State have opposed the prayer for bail and argued that the applicant is named in the FIR and there are allegations of demand of dowry and since the said demand was not fulfilled, the deceased was ill-treated and tortured thereafter present incident has occurred after one year and eight months of marriage. The applicant is thus involved in the present case.
After hearing the counsel for the parties and perusing the record, it is apparent that the applicant is mother-in-law of the deceased. General and omnibus allegations have been made in the FIR against the applicant. The applicant is a lady. The cause of death is as asphyxia as a result of hanging. There is no other bodily injury found on the body of the deceased. The deceased was under treatment of doctors for her ailment. The husband is in jail.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Smt. Munesh Devi, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under section 82 Cr.P.C., may be issued and if 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 I.P.C.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law and the trial court may proceed against her under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
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.
(Samit Gopal, J.) Order Date :- 16.8.2021 Gaurav