Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27250 of 2021 Applicant :- Rani Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A.,P.K. Singh
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
According to the prosecution version, the marriage of deceased with son of applicant has taken place on 01.02.2019 and that on 13.01.2021 deceased was being brought by son of applicant on the motorcycle from the house of informant and after four hours first informant was informed that his daughter has sustained injuries in a road accident. Informant reached at the hospital and that during treatment, on 25.01.2021 the deceased has scummed to injuries. As per first informant, his daughter/deceased has not sustained injuries in road accident, rather, she was done to death by applicant and his family members by hatching criminal conspiracy.
It has been argued by learned counsel for the applicant that the applicant is mother-in-law of deceased and that she has not committed any offence. The applicant along with her husband was residing at Bhognipur in Kanpur Dehat, whereas deceased along with her husband was residing in Kanpur Nagar. It has been submitted that deceased has sustained injuries in the road accident and in this connection, learned counsel has referred the information, annexed as Annexure-3, wherein, it has been mentioned that accident of deceased and her husband has taken place at the alleged spot. After accident, husband of applicant has reached at the spot and he has taken the deceased to hospital and she was provided treatment in several hospitals and all the expenses were borne by the applicant. It has also been submitted that deceased has died on 25.01.2021, whereas, first information report has been lodged on 1.02.2021 after one week of the alleged incident. It has been submitted that allegations regarding dowry demand and harassment of deceased, are thoroughly false and baseless. It was also stated that co-accused Babulal, who is father-in-law of deceased, has already been enlarged on bail by a co-ordinate Bench of this Court, vide order dated 02.06.2021, passed in Criminal Misc. Bail Application No.-21813 of 2021. It has been submitted that the applicant is languishing in jail since 10.04.2021 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. well as learned counsel for the first informant have opposed the prayer for bail and argued that deceased was done to death by hatching a criminal conspiracy and that after death of deceased, applicant and her family members have not taken the dead-body of deceased and did not pay the medical expenses. However, it has not been disputed that co-accused Babulal, who is father-in-law of deceased, has already been granted bail by this Court.
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 Rani Devi involved in Case Crime No.39 of 2021, under Sections 498-A, 304-B IPC & 3/4 D.P. Act, P.S. Bhognipur, District Kanpur Dehat, 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 :- 12.8.2021 Neeraj