Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49516 of 2020 Applicant :- Satyavati Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag Dubey,Pavan Kumar Counsel for Opposite Party :- G.A.,Ram Sajivan AND Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42507 of 2020 Applicant :- Indrapal Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- G.A.,Ram Sajivan
Hon'ble Om Prakash-VII,J.
Exemption applications are allowed. List revised.
None appeared for the informant.
In the bail rejection order filed in Criminal Misc. Bail Application No. 49516 of 2020 name of the applicant is shown as "Satyavati". Office/Computer Section has shown the name of the applicant as "Satyavati Singh". Present bail application is being decided as per the bail rejection order dated 11.11.2020 and the name of the applicant is shown as "Satyavati".
Since both the aforementioned bail applications arise out of similar nature of cases, they have been heard together and are being decided of by a common order. Criminal Misc. Bail Application No. 49516 of 2020 is leading file.
Heard Sri Anurag Dubey, learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. Satyavati is mother-in-law and Indrapal is "Chachiya Sasur". Cause of death is ante-mortem strangulation. It was further argued that deceased was living in Avas Vikas Colony, Mainpuri. Applicants were residing in their villages. As and when they received information about the death of the deceased they proceeded for the place of occurrence. Entire allegation levelled against them are false. At no point of time applicants have raised any demand of dowry nor caused cruelty in connection with the said demand. Applicants were implicated in this matter only being the family member of the husband of the deceased. If entire prosecution case is taken into consideration then also cause of death of the deceased could be attributed to the husband of the deceased who was residing along with deceased. Applicants are in jail since 15.09.2020 having no criminal history. In case applicants 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 facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused 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 Satyavati and Indrapal Singh involved in Case Crime No. 517 of 2020, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, Police Station Kotwali, District Mainpuri be released on bail on their furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the 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.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 28.7.2021 Sachdeva