Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32157 of 2021 Applicant :- Shabana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Najam Uz Zaman Khan Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been argued by learned counsel for the applicant that the applicant is sister-in-law of deceased and she was not named in the FIR. It has been submitted that the applicant is innocent and she has been falsely implicated in this case during investigation without there being any cogent evidence against her. It was submitted that as per the dying declaration of deceased, the role of catching hold of deceased has been attributed to co-accused Liyaqut Ali and role of pouring petrol and putting the deceased on fire, has been attributed to co-accused Zakir. Regarding applicant, it has been stated by the deceased, in her dying declaration, that her sister-in-law (applicant) and younger brother-in-law were also present there and they were abusing her. No specific role has been assigned to the applicant in putting the deceased on fire. Learned counsel has submitted that the applicant is sister-in-law of deceased and that she was not going to be benefited by fulfilment of any demand of dowry and that she was not named in the FIR and thus, there were no allegations of any dowry demand or harassment of deceased against applicant. It was further submitted that applicant is a lady and she is languishing in jail since 15.07.2021 having no criminal history and that in case, the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that deceased has suffered death by burn injuries within a short span of about one and a half month of her marriage at her matrimonial home and that in her dying declaration, deceased has named the applicant.
Perusal of record shows that applicant is sister-in-law (Nanand) of deceased and she was not named in FIR. The involvement of applicant was shown on the basis of dying declaration of deceased. In the said dying declaration, the role of catching hold of deceased has been attributed to co-accused Liyaqut Ali (father-in-law) and that role of pouring petrol and putting her on fire, has been attributed to co-accused Zakir Hussain (Jeth). Regarding applicant, it was stated by deceased in her dying declaration that her sister-in-law Shabana was also present at spot and she as well as her brother-in-law were abusing her. Applicant is a lady and she is languishing in jail since 15.07.2021.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Shabana involved in Case Crime No.206 of 2020, under Sections 498-A, 304-B IPC & Section 3/4 D.P. Act, P.S.Hathras Kotwali, District Hathras, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. The applicant 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 27.9.2021 Neeraj/Pankaj Srivastava