Heard learned counsel for the applicants as well as learned A.G.A. for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicants namely Sabika and Naeema alias Aelin Fatima, in Case Crime No. 6 of 2021, under Sections 498-A/304B IPC and 3/4 Dowry Prohibition Act, Police Station Kotwali Akbarpur, District Ambedkar Nagar, with the prayer to enlarge them on bail.
The submissions of learned counsel for the applicants is that the applicants are innocent persons, they have been falsely implicated in the case.
Learned Counsel for the applicants submitted that the applicants are the sister-in-law of the deceased. The allegation in the FIR against the named accused are to the effect that all the accused were torturing the deceased on account of non fulfillment of demand of dowry and they murdered the daughter of the informant.
He further submitted that as per the version of the FIR general allegation has been assigned to all of the accused and specific role has not been assigned to any of the accused.
He further submitted that deceased alongwith her husband was living separately. In support of his submission he has placed reliance on Annexure No. 4, which is the affidavit given by the informant/complainant, who is the father of the deceased, to the Superintendent of Police Ambedkar Nagar and on the basis of the same he submitted that this affidavit is a part of case diary and from the same it is evident that deceased alongwith her husband was residing separately and taking note of this affidavit the charge-sheet has not been filed against co-accused namely Samar Abbas (brother of the applicants) and Ruksana Begam (mother of the applicants), however, ignoring the contents of the same affidavit as also the fact that deceased committed suicide in locked room, in the charge-sheet the names of the applicants have been included.
On query being put to the aforesaid, learned A.G.A. could not dispute the fact that deceased was living separately. In paragraph 18 of counter affidavit, this fact is not denied by the side opposite.
Learned Counsel for the applicant further submitted that deceased committed suicide herself in a locked room and on coming to know about suicide the applicants (Sabika and Naeema alias Fatima), other family members of the applicants and residents of locality, after breaking the door, entered in the room and thereafter put down the body of the deceased. This aspect has also not been disputed by the learned A.G.A.
The applicants are in jail since 05.01.2021 and there is no apprehension that, if the facility of bail is granted to the applicants, they may flee from the course of law or they will not appear before the Court below. In case of being enlarged on bail, they will not misuse the liberty of bail and will cooperate in trial.
He further submitted that in aforesaid facts and circumstances of the case, the applicants are entitled to bail. Prayer is to allow the bail application and released the applicants on bail.
Learned A.G.A. as well as learned Counsel for the complainant have opposed the prayer for grant of bail, however the aforesaid aspect of the case has not disputed by the learned Counsel for the side opposite.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances as also the fact that applicants are living separately and the fact that general allegations have been levelled against all the accused persons and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicants-Sabika and Naeema alias Aelin Fatima be released on bail in aforesaid Case Crime, on their furnishing personal bond to the satisfaction of the court concerned forthwith. Applicants are also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicants will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicants will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicants will remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 17.8.2021 Jyoti/-