Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17815 of 2021 Applicant :- Shanti Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh 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 innocent and he has been falsely implicated in this case. The applicant is mother-in-law of deceased. The marriage of deceased with son of applicant has taken place in the year 2013 and that there is absolutely no evidence that applicant has abetted the deceased to commit suicide. The allegation that applicant and co-accused persons used to harass the deceased on account of fact that she has no children, is false and baseless. It was submitted that in post- mortem report, no injury has been shown on the body of deceased and cause of death could not be ascertained and viscera was preserved but viscera report has not been received so far. Learned counsel submitted that besides the applicant, her five family members were also named in the first informant report but three of the named persons namely Pankaj Lodhi, Balraj Lodhi and Neetu Devi have been exonerated during investigation as no case was found against them. It has been submitted that the applicant is a lady and she is languishing in jail since 15.01.2021 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.
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 Shanti Devi involved in Case Crime No.295 of 2020, under Section 306 IPC, P.S. Thariyawan, District Fatehpur, 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 :- 30.7.2021 Neeraj