Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53998 of 2021 Applicant :- Smt. Shiyabai Opposite Party :- State of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Satish Kumar Mishra, Advocate, holding brief of learned counsel for the applicant and Sri Ankit Srivastav, learned AGA for the State as also perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Smt. Shiyabai, with a prayer to release her on bail in Case Crime No. - 122 of 2021, under Sections - 498-A and 304-B I.P.C. and Section 3/4 D.P. Act, Police Station - Jakhlaun, District - Lalitpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 28.09.2021, the applicant is in confinement since 30.09.2021;
(ii) the applicant claims to have cooperated in the investigation. In any case she is not shown to have unduly evaded arrest;
(iii) the applicant has no criminal history;
(iv) though chargesheet has already been submitted, there is no hope of early conclusion of the trial
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the applicant is the mother-in-law of the deceased. The occurrence was suicidal. The applicant had a separate living. Thus, it has been submitted, the applicant has been falsely implicated by way of over implication. The other allegations are vague and general.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on her furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 22.12.2021 Abhilash