Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30749 of 2021 Applicant :- Smt. Samundri Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.,Rahul Kumar Sharma
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is mother-in-law of deceased and she has not committed any offence. The marriage of deceased with son of applicant has taken place about 18 months prior to the incident and only general allegations of dowry and harassment have been leveled against all the four accused persons including applicant. No specific role has been attributed to the applicant. It has been submitted that in postmortem report, there was no injury on the body of the deceased and cause of death could not be ascertained and viscera was preserved. As per FSL report, organochloro insecticide has been found in viscera of deceased. It was submitted that deceased has committed suicide by consuming insecticide and after the incident, she was admitted in the hospital by the family members of the applicant. It has been further submitted that similarly placed co-accused Rajveer @ Raju, who is father-in-law of deceased, has already been granted bail by coordinate Bench of this Court vide order 15.06.2021 in Criminal Misc. Bail Application No. 22496 of 2021. It has further been submitted that applicant is languishing in jail since 23.06.2021, having no criminal history and that in case the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that deceased has suffered unnatural death within seven years of marriage.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Smt. Samundri Devi involved in Case Crime No. 177 of 2020, under Sections 498A, 304-B IPC and 3/4 D.P.Act, P.S. Mursan, District Hathras, be released on bail on furnishing each 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 she is accused, or suspected, of the commission of which she is 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 her 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 22.9.2021 Ujjawal