Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42926 of 2021 Applicant :- Smt. Shyamli @ Susheela Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Raj Prajapati,Dinesh Kumar Maurya Counsel for Opposite Party :- G.A.,Dharmendra Kumar,Ram Surat Patel
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
Facts in brief are that daughter of informant was wedded to Vijay @ Binda Basor and after some time of marriage husband and his family members subjected her to cruelty and harassment owing to demand of dowry. On 10.05.2021 deceased committed suicide by hanging.
It is submitted that applicant is mother-in-law of the deceased aged about 56 years and has been falsely implicated in this case. She has no concern with the demand of dowry. No any harassment was made by her to the deceased. After marriage deceased was living separately. No any external injury was found on the person of deceased. She committed suicide by hanging on account of her ill mental state and mutual dispute with her husband. Only general allegation of demand of dowry and harassment has been made in the F.I.R. All members of the family have been implicated but during investigation other members of her family have been exonerated. Co-accused Binda Basor has already been enlarged on bail by this Court in Criminal Misc. Bail Application No.44444 of 2021 and the case of this applicant also stands on the similar footing to that of co- accused. The applicant is languishing in jail since 22.07.2021 and in case she is released on bail, she will not misuse the liberty of bail and will co-operate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail and urged that applicant is mother- in-law of the deceased and was living in the same house, therefore, it was her duty to rescue the life of her daughter-in- law. She has committed suicide by hanging in the house on account of harassment by the applicant and her family members, hence, she is not entitled for bail.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, nature of evidence on record, the fact that no any specific role has been assigned to the applicant for demand of dowry or for any harassment, the fact that co-accused has already been enlarged on bail by this Court and case of this applicant is on similar footing to that of co-accused and without expressing any opinion on the 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 Smt. Shyamli @ Susheela involved in Case Crime No.91 of 2021, under Sections 498A, 304B I.P.C. & 3/4 D.P. Act, Police Station Binwar, District Hamirpur, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 17.12.2021 Ashok Gupta