Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51624 of 2019 Applicant :- Savitri Devi Urf Gulabi Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Prem Shankar Mishra,Nagendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Prem Shankar Mishra, learned counsel for the applicant and Sri S.S. Sachan, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 0238 of 2019 under Sections 498-A, 323, 504, 304-B I.P.C. and 3/4 of D.P. Act, P.S. Mungra Badshahpur, District Jaunpur.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; general allegation has been levelled against the accused applicant along with co- accused. Applicant is mother-in-law of the deceased. Father-in-law of the victim, Lallan Upadhyay has already been granted bail by coordinate Bench of this Court in Criminal Misc. Bail Application No. 45453 of 2019 on 18.11.2019, copy of which is taken on record. It is further argued that cause of death of victim is recorded in post- mortem to be asphyxia as a result of ante-mortem hanging. Victim has committed suicide because of depression which is indicated from her personal diary that she used to write and extract of the same is annexed at page nos. 24-25 of paper book; accused-applicant is in jail since 2.08.2019; the accused has no criminal history; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the, parity with co-accused, quantum of punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant, Savitri Devi Urf Gulabi Devi involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. 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 :- 26.11.2019 A. Mandhani