Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25640 of 2021 Applicant :- Smt Shakuntala Devi Opposite Party :- State of U.P. Counsel for Applicant :- Bhavya Sahai Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 0127 of 2021, under Sections 498A and 306 I.P.C., P.S. Naujheel, district-Mathura, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against in-laws of her daughter, whose marriage was solemnized with Devendra Singh, who has committed suicide on 13.12.2020. After the death of the husband of the informant's daughter, she was subjected to maltreatment in her matrimonial home by her in-laws for non-fulfilment of additional demand of dowry and ultimately she was done to death by them on 13.4.2021.
Learned counsel for the applicant submits that the applicant, who happens to be mother-in-law of the deceased Pinki, has been falsely implicated in the present case due to some ulterior motive. In the FIR seven persons, including present accused were nominated but during investigation the police has exonerated six persons and submitted chargesheet only against the present accused. He next submits that after the death of her husband, the daughter of the complainant (deceased) was in full of sorrow and her mental condition was not good. She was in spell of depression, due to which she has committed suicide by hanging herself. The postmortem report of the deceased indicates that she died due to asphyxia as a result of hanging. A ligature mark was found on her neck. He lastly submitted that the applicant, who is in jail since 16.5.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Smt Shakuntala Devi be released on bail in the aforesaid case on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by her.
(b) 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official 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.
Order Date :- 30.7.2021 Faridul