Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16931 of 2021 Applicant :- Nargis Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammad Firoz Khan Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is mother- in-law of deceased and that she has not committed any offence. The marriage of deceased with son of applicant has taken place about four and a half years prior to the incident and they were blessed with two children but during that period no complaint was made regarding any dowry demand or harassment. It has been submitted that three daughters of applicant were also named in first information report but during investigation, their involvement was not found and they have been exonerated. Learned counsel submitted that cause of death of deceased has been shown asphyxia as a result of ante-mortem hanging and except that there was no injury on the body of deceased. It has been submitted that deceased was a patient of Tuberculosis (TB) and she has committed suicide due to depression. Learned counsel submitted that there is no specific allegation against the applicant and that applicant is 62 years old lady and now she is languishing in jail since 21.02.2021, having no criminal history and that in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Nargis involved in Case Crime No. 85 of 2021, under Sections 498-A, 304-B, 323 IPC and 3/4 D.P. Act, P.S. Maudarwaja, District Farrukhabad, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 29.7.2021 A. Tripathi