Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2541 of 2019 Applicant :- Sarita Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Rai,Sr. Adv. Sri Kamal Krishna Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case is being taken up as per order of Hon'ble The Chief Justice vide order dated 18.1.2019.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against five persons namely, Shesh Nath Singh(husband), Sarita Singh(Jethani), Sunita Singh(Jethani), Suresh Singh(father-in- law) and Tetari Devi(mother-in-law) alleging that Meena was married to Shesh Nath in February, 2008 but for non-fulfilment of demand of dowry of Rs.2,00,000/- they tortured and on 3/4.4.2018 accused persons set her ablaze; There was illicit relation between Shesh Nath Singh and Sarita Singh(applicant). She died due to burn injures.
It is submitted by learned counsel for the applicant that the applicant is a lady and she has no concern with the husband of deceased. The applicant is languishing in jail since 24.5.2018(about eight months) having no criminal history. She has been falsely implicated. General role has been assigned to all the accused persons. FIR was lodged after thought and with legal consultation, after one day of incident. Co-accused Tetari Devi, Sunita Singh and Suresh Singh have already been granted bail by coordinate Bench of this Court vide orders dated 28.9.2018,10.1.2019 & 3.1.2019 passed in Criminal Misc. Bail Application Nos.36919 of 2018, 1167 of 2019 & 49921 of 2018 respectively (Bail orders produced during argument, are taken on record). There is no independent witness. In case applicant is released on bail, she will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail and submitted that there was illicit relation between applicant Sarita Singh and husband of deceased. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the 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 applicant Sarita Singh involved in Case Crime No.41of 2018, under Section 302, 498-A IPC and 3/4 Dowry Prohibition Act, Police Station Bansdih Road, District Ballia 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 court below shall be at liberty to cancel the bail.
Order Date :- 21.1.2019 P.P.