Heard Sri Devesh Kumar Shukla, Advocate holding brief of Sri Sai Girdhar Dwivedi, learned counsel for the applicant, learned AGA for the State and perused the record.
According to prosecution, deceased was married with co-accused Nisha and he was residing in house of his in-laws as 'Ghar Jamai' but due to harassment of his wife and her family members including the applicant, he committed suicide.
It has been argued by learned counsel for the applicant that deceased was married with cousin of applicant and that applicant has nothing to do with the matrimonial life of deceased. Only general allegations have been made against applicant and co-accused persons. It was submitted that in the suicide note also deceased has merely stated that he is committing suicide due to harassment by co-accused persons and applicant but there is no other evidence to show the complicity of the applicant in committing suicide by the deceased. It has been further submitted that co-accused Nisha, who is wife of the deceased, has already been granted bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 1179 of 2021, copy of which has already been annexed to this bail application. It was further submitted that applicant is languishing in jail since 01.12.2020 having no criminal history and that 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.
Considering the submissions of learned counsel for the parties, facts of the case, nature of evidence, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicantRenu Devi @ Guddi involved in Case Crime No.1207 of 2020, under Section 306 of IPC, Police Station Vijay Nagar, District Ghaziabad, be released on bail on furnishing 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 they are accused, or suspected, of the commission of which they are 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 conditions, the prosecution shall be at liberty to move bail cancellation application before the court concerned.
Order Date :- 3.2.2021 Mohit