1. Heard Sri Shrikant Mishra, learned counsel for the applicant, Sri Anuj Singh, learned counsel for the complainant, learned A.G.A. appearing for the State and perused the record.
2. The applicant is an accused in case crime No.710 of 2020 under Sections- 498A, 302, 109 and 120-B IPC, police station Kotwali Nagar, District Sultanpur.
3. It has been contended by the learned counsel for the applicant that the first information report has been lodged by brother of the deceased stating that his sister was married with one Om Prakash thirty years ago and has three children. The brother in law of the complainant is said to have illicit relations with the applicant due to which brother-in-law of the complainant constantly harassed his sister. Despite various counsellings having been given to the husband of the deceased his relations with his wife did not improve and he continued with his illicit relations with the applicant and the brother-in-law of the complainant on the date of incident at about 10 p.m. poured kerosene oil over the deceased and set her ablaze due to which she died. It is stated that in the dying declaration the deceased has leveled vague allegation against the applicant. It has also been submitted that considering the entire material on record including the dying declaration it is clear that there is no allegation or any role of the applicant in causing death of the deceased. It is stated that the applicant has four children and is aged about 44 years and does not have a criminal history and is in jail since 25.7.2020. Lastly, it is submitted that co-accused Rakesh Kumar Soni, having similar role, has already been granted bail by this Court vide order dated 16.12.2020 passed in Bail Application No.9186 of 2020.
4. Learned A.G.A. has opposite the prayer for bail but could not dispute aforesaid facts.
5. Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case on the ground of parity.
6. Let the applicant Neerja Soni involved in Case Crime No.710 of 2020, under Sections 498A, 302, 109,& 120 B I.P.C., Police Station Kotwali Nagar, District Sultanpur be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned and the court concerned shall take an undertaking from the sureties that the properties movable/immovable which are the basis of accepting the surety, shall not be disposed of by them during the pendency of the trial with the following conditions:-
(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates 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.
(ii) 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 her under Section 229-A of the Indian Penal Code.
(iii) 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. 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.
(iv) 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 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.
(v) The applicant shall surrender hrt passport, if any, before the trial court & shall furnish an undertaking not to leave the country until permission is obtained by him from this Court or till the conclusion of the trial.
7. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
8. The concerned Court/Authority/Official shall verify the authenticity of the 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 :- 25.8.2021 (Alok Mathur, J.) RKM.