Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48504 of 2018 Applicant :- Shaina Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Sajiwan Mishra,Amit Kumar Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Amit Kumar, learned counsel for applicant, Sri Dhirendra Mohan Choudhary, learned counsel for first informant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated; that as per averments made in F.I.R. lodged by Prempal on 4.9.2018, his son Dharamveer was working at the utensil shop of Dharvendra, who sent his son to the shop of applicant's husband at 8:00 p.m. on 2.9.2018 for collecting some money, but was mercilessly beaten by applicant and her husband and after coming home, he committed suicide; that applicant neither beaten deceased nor caused any abetment to him for committing suicide; that postmortem report states his death due to asphyxia as a result of ante mortem hanging and only ante mortem injury shown on his body was ligature mark around his neck, which belies the contention that he was badly beaten by applicant and her husband; that applicant may not be considered to be abetter for instigating deceased for committing suicide; that applicant has a two years old daughter at home and there is no one to look her after; that applicant has no criminal history; that applicant undertakes that she will not misuse liberty of bail; that applicant is in custody since 7.9.2018.
Learned A.G.A. and learned counsel for first informant vehemently opposed the prayer of bail and contended that due to marpeet committed by applicant and her husband, deceased felt humiliated tending to commit suicide.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Shaina be released on bail in Case Crime No.1698 of 2018, under Sections 306 I.P.C., P.S. Loni, District Ghaziabad on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that she is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.2.2019 Tamang