Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31185 of 2021 Applicant :- Neetu Opposite Party :- State of U.P.
Counsel for Applicant :- Sikandar 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 sister-in-law (Nanad) of deceased and that she has not committed any offence. The allegations made against the applicant are false and baseless. The marriage of deceased with brother of applicant has taken place about four years prior to the incident and that in the first information report, only general role has been assigned to all the seven accused persons including the applicant. It was submitted that the applicant was not going to be benefited by fulfillment of any demand of dowry. It was submitted that after the incident, the first dying declaration of deceased was recorded by Tehsildar on 30.10.2020, wherein she has stated that her mother-in-law has poured diesel over her and put her on fire and the maternal uncle of her husband has taken her to hospital. It was stated that in this dying declaration only mother-in-law of deceased was implicated. Subsequently second dying declaration was shown to be recorded by the Magistrate on 02.11.2020, wherein deceased has made general allegations against all the accused persons including the mother-in-law, father-in-law, jeth, dewar and husband by alleging that they all have caught her and after pouring diesel, they have put her on fire. Learned counsel submitted that similarly placed co-accused Virendra Singh, who is father-in-law of deceased and Pramod, who is jeth of deceased, have already been granted bail by co-ordinate Bench of this Court vide order dated 17.08.2021 and 02.09.2021, passed in Criminal Misc. Bail Application No. 27188 of 2021 and 22387 of 2021. The applicant is an unmarried lady and she is student of B.A. and now she is languishing in jail since 10.12.2020, having no criminal history and that in case the applicant 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, however, it could not be disputed that similarly placed co-accused persons have already been granted 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 Smt Geeta Devi involved in Case Crime No. 985 of 2020, under Sections 498-A, 304-B, 323 IPC and 3/4 D.P. Act, P.S. Kotwali Dehat, District Bulandshahar, 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 :- 23.9.2021 A. Tripathi