Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23728 of 2019 Applicant :- Smt. Saroj Opposite Party :- State Of U.P.
Counsel for Applicant :- Shashi Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Submission of counsel is that the applicant is married sister-in- law of the deceased and has nothing to do with the incident in question. She was never indulged in any kind of violence and the allegations to the contrary are false. Further submission is that deceased died as a result of committing suicide and the post-mortem report of the deceased shows that there was no other injury on her person which is a definite indication that there was no violence inflicted upon her before her death. It was submitted that the case of the applicant being a woman stands distinguishable from that of the husband who may be said to be the principal offender in the case and who had the first responsibility to ensure the safety and welfare of his wife and who also has the major onus to explain the unnatural death of the deceased which took place in abnormal circumstances. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 08.05.2019 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Smt. Saroj, involved in Case Crime No.41 of 2019, u/s 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, P.S.- Mahobkanth, District- Mahoba, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 7.6.2019 shiv