Heard the learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused/applicant- Ranjana Gaud for grant of bail, in Case Crime No. 10 of 2020, under Section 302 IPC, relating to Police Station Baskhari, District Ambedkar Nagar, during trial.
Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case and she has not committed any offence as claimed by the prosecution.
It is further submitted that informant of the FIR is the father-in-law of the applicant and the matrimonial relations between the applicant and the son of the informant (deceased) were strained and two cases were also lodged by the applicant against the deceased and informant under relevant provisions of Domestic Violence Act and under Section 125 Cr.P.C. and therefore the contention of the informant that at the relevant time the applicant along with her sister and mother was present in the house of the deceased, could not be believed and therefore all the facts which have been stated in FIR are false and baseless.
It is further submitted that allegations which have been levelled in the FIR could also not be believed on the score that the alleged incident of suicide has happened on 9th December, 2019 while the FIR of the same has been lodged on 9th January,2020 with a delay of one month and no reasonable explanation of the same has been given.
It is also submitted that even if the allegations which have been levelled in the FIR are taken on its face value, no abetment has been committed by the applicant and the death of the deceased Kartik is absolutely having no connection with any act or omission of the applicant except the fact that the deceased and applicant were having strained matrimonial relations.
It is also submitted that the deceased had committed suicide at the residence of informant (his father) and having regard to the inquest report and postmortem report, it is a simple case of suicide and any kind of act or omission which may be construed as abetment to the suicide has not been done by the applicant.
It is further submitted that charge sheet in the matter has already been filed. The applicant is in jail in this matter since 19.9.2020 and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or will misuse the liberty.
Learned A.G.A., however, opposes the prayer for bail of the applicant on the ground that the applicant has committed heinous offence but could not confront the other factual submissions made by the learned counsel for the accused-applicant.
Having regard to the over all facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant I find substance only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.
Let the applicant- Ranjana Gaud involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.1.2021 Muk