Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31680 of 2021 Applicant :- Rupendra Kaur @ Rimpee Opposite Party :- State of U.P.
Counsel for Applicant :- Narendra Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri N.S. Chahar, learned counsel for the applicant and Sri Ankit Srivastava, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Rupendra Kaur @ Rimpee, seeking enlargement on bail during trial in connection with Case Crime No.126 of 2021, under Section 306 IPC, registered at Police Station Kamla Nagar, District Agra.
Learned counsel for the applicant argued that the applicant argued that the applicant is the wife of the deceased (Manmeet Singh). It is argued that although the first information report has been registered by Parvinder Singh, the brother of the deceased, naming Gurpreet Singh and the applicant, Rupendra Kaur @ Rimpi wife of the deceased and his other in-laws as the accused but the implication of the applicant therein is false. It is argued that the deceased committed suicide and died, which is suggestive from the postmortem report, wherein, the doctor has found single ligature mark of injury and the cause of death has been opined as asphyxia as a result of antemortem injury. Learned counsel for the applicant argued that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence. It is further argued that co-accused Gurpreet Singh has been granted bail by this Court vide order dated 7.9.2021 passed in Criminal Misc. Bail Application No.31283 of 2021. The applicant is a lady and is entitled to get benefit of Section 437 Cr.P.C. It has also been pointed out that the applicant is not having any criminal history as stated in para 19 of the affidavit and he is in jail since 29.05.2021.
Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail argued that the applicant is named in the first information report and even there is a recording in the mobile phone of the deceased which has been given to the police, wherein, the deceased has stated that he is being troubled by his wife (the applicant) and Gurpreet Singh, who is his brother-in-law. It is argued that the applicant committed suicide due to the fact that the applicant and co-accused Gurpreet Singh were troubling him.
After having heard the learned counsel for the parties and perusing the record, it is apparent that the applicant is the wife of the deceased. There is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence. The applicant is a lady. Co-accused Gurpreet Singh has been granted bail by this Court.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Rupendra Kaur @ Rimpee, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties will be of family member and one surety will be of a local person) each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under section 82 Cr.P.C., may be issued and if 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 I.P.C.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law and the trial court may proceed against her under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/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.
(Samit Gopal, J.) Order Date :- 22.9.2021 Gaurav