Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30052 of 2020 Applicant :- Pushpa Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Hemant Kumar,Gaurav Kakkar,Pradeep Kumar Keshri Counsel for Opposite Party :- G.A.,Vivek Kumar Singh
Hon'ble Om Prakash-VII,J.
Heard Sri Gaurav Kakkar and Sri Hemant Kumar, learned counsel for the applicant, Sri K.N. Singh, holding brief of Sri Vivek Kumar Singh, learned counsel for the informant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. She has not committed the present offence. She is 'Nanad' of the deceased and she had no concern with the present matter. She never raised any demand of dowry nor caused cruelty or harassment to the deceased or her parent for the said demand. Referring to the post-mortem report, it is further argued that cause of death of the deceased is ante-mortem strangulation. She was married in State of Bihar and was living at the time of incident in her in-laws house. It is also argued that she was implicated in the matter only being the family member of the husband of the deceased. No prima facie case is made out against the applicant. The applicant has no criminal history. She is languishing in jail since 15.4.2020 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. as well as learned counsel for the informant argued that deceased was done to death within seven years of her marriage. The death is unnatural. All the ingredients of the offence under Section 304-B I.P.C. are available in the present matter. A prima facie case is made out against the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 Cr.P.C. and without expressing any opinion on the 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 Pushpa Gupta involved in Case Crime No. 55 of 2020, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, P.S. Saiyadraja, District - Chandauli be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 27.10.2021 Shafique