Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18104 of 2021 Applicant :- Poorandevi Opposite Party :- State of U.P.
Counsel for Applicant :- Avanish Kumar Shukla,Balbeer Singh,Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard Sri Mithilesh Kumar Shukla alongwith Sri Balbeer Singh, learned counsel for the applicant and learned AGA for the State through vedio conferencing.
It is submitted by the learned counsel for the applicant that she has been falsely implicated in the present case. It is next submitted that as per FIR version, serious scuffle took place between the deceased and opposite party on 13.6.2016 and also threat was given to her. Due to which, deceased was committed suicide on 15.6.2016. As per post mortem report, no external injury was found which clearly shows that FIR has been lodged with ill-intention giving frivolous facts. The statement of independent witness was recorded on 28.1.2017, 7.4.2017 and 5.6.2017, which is not supporting the prosecution story. It is further submitted that after four and half years, statement of daughter of deceased was recorded and on the basis of that, name of four persons are dropped from the charge sheet and charge sheet was submitted against the applicant and other co- accused Akash. The statement of daughter of deceased is having contradiction with the extraction made in the FIR. Applicant is lady and having no criminal history. She is languishing in jail since 13.2.2021 and 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, but could not dispute the aforesaid facts.
Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicant- Poorandevi, involved in Case Crime No. 456 of 2016, under Sections- 147, 323, 504, 506, 306 IPC, Police Station- Jagdishpura, District- Agra, be enlarged on bail on her executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad. The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfilment of following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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;
5. In case, the applicant misuses the liberty of bail 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.
6. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with law.
7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court her bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 25.5.2021 Junaid