Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38206 of 2019 Applicant :- Smt. Saroj Opposite Party :- State of U.P.
Counsel for Applicant :- Ranjeet Kumar Yadav,Meraj Ahmad Khan,Vikas Srivastava Counsel for Opposite Party :- G.A.
With Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41323 of 2019 Applicant :- Jaipal Opposite Party :- State of U.P.
Counsel for Applicant :- Ranjeet Kumar Yadav,Meraj Ahmad Khan,Vikas Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Since these bail applications arise out of same case crime number, they have been heard together and are being decided by a common order. Criminal Misc. Bail Application No. 38206 of 2019 is being treated as a leading case.
Heard learned counsel for the applicants as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is the parent of the husband of the deceased. They are innocent and have been falsely implicated in the present case. Applicants have no concern with the present matter. They have not committed the present offence. Cause of death of the deceased is ante-mortem smothering. No specific role has been assigned to the applicants. If entire prosecution case is taken into consideration then also the husband of the deceased may be held responsible. Neither they made any demand of additional dowry nor the deceased was subjected to cruelty or harassment by them. They have been roped in the matter only being the family member of husband of deceased. General allegations have been made in the matter. The applicants have no criminal history. They are languishing in jail since 28.05.2019 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 Cr.P.C. and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail applications are allowed.
Let the applicants Smt. Saroj and Jaipal involved in Case Crime No. 60 of 2019, under Sections 498-A, 304-B, 323, 316 IPC and Section 3/4 D.P. Act, P.S. Rajpura, District - Sambhal be released on bail on furnishing each a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 24.9.2021 Sanjeet