Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35873 of 2020 Applicant :- Samlesh Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar,Pankaj Kumar Shukla Counsel for Opposite Party :- G.A.,Akhilesh Kumar Shukla
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 250 of 2020, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, P.S. Kotwali Hathras, district- Hathras, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant was related to the deceased as her mother-in-law. Marriage of her son with the deceased was solemnized on 17.2.2018 and out of the said wedlock, two children were born. Deceased committed suicide on 22.8.2020, and as per the post mortem report, the cause of death is 'Asphyxia' due to antemortem hanging. There is no specific allegation against the applicant. Even the independent witnesses have not stated about any incident of demand of dowry. The statements of the informant and other relevant witnesses are tutored and false allegations have been made against the applicant. The applicant has no other reported criminal antecedent and she is languishing in jail since 23.8.2020, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, she will never misuse her liberty and will co-operate in the trial. Learned counsel further submitted that a co-accused, namely, Swami Das (father-in-law) has been accorded bail by a coordinate Bench of this Court vide order dated 25.06.2021 in Criminal Misc. Bail Application No.23032 of 2021, a copy of the same is taken on the record.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Samlesh be released on bail in the aforesaid case on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by her.
(b) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 29.10.2021 Vivek Kr.