Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused/applicant-Sarla Devi @ Sarojni Devi for grant of bail, in Case Crime No. 230 of 2020, under Sections 498-A, 304-B I.P.C and Section 3/4 D.P. Act, Police Station Mitauli, District Kheri, during trial.
Learned counsel for the accused-applicant while pressing the bail application submits that the applicant is mother-in-law of the deceased and she has been falsely implicated in this case only because her relation with the husband of the deceased and she has not committed any offence as claimed by the prosecution.
It is further submitted that the applicant since the marriage of his son was living separately from him and the deceased and even if the case of the prosecution is taken on its face value, no specific allegation of any kind has been levelled against the applicant either in the F.I.R. or in the statement of the prosecution witnesses recorded during the course of investigation.
It is further submitted that the deceased had committed suicide by hanging herself and as per the postmortem report the cause of death of the deceased was asphyxia due to antemortem hanging. It is next submitted that charge-sheet in the matter has already been submitted and the applicant is in jail in this matter since 23.08.2020 without any criminal antecedents and there is no apprehension that after being released on bail she may flee from the course of law or may otherwise misuse the liberty.
It is further submitted that co-accused (father-in-law of the deceased) of the crime, namely Ramchandra standing on identical footing as of the applicant, has been released on bail by a co-ordinate Bench of this court, vide order dated 19.01.2021 passed in Bail No. 582 of 2021.
Learned A.G.A., however, opposes the prayer for bail of the applicant, but could not controvert the other factual submissions made by the learned counsel for the accused-applicant.
Having regard to the overall facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant I find substance only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.
Let the applicant-Sarla Devi @ Sarojni Devi involved in the aforesaid case be released on bail on her furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 25.1.2021 Praveen