Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.197 of 2021, under Section 304 I.P.C., Police Station Maurawan, District Unnao, with the prayer to enlarge her on bail.
Learned counsel for the applicant has submitted that due to sudden provocation, the incident was taken place and there was no intention to cause any grievous injury to the injured. He further submitted that the applicant is a lady and she has been falsely dragged in the present case. He also submitted that as per the prosecution case, the incident was taken place on 02.05.2021 and in the said incident, the brother of the informant was injured and he was under treatment, but later on, on 04.05.2021, after two days from the date of incident, he died due to septicemia.
Learned counsel for the applicant has further submitted that postmortem of the body of the deceased was conducted and three antemortem injuries were found on the body of the deceased i.e. two abrasions and one contused swelling on the upper abdomen 6 cm away from umbilicus. He also submitted that applicant does not have any criminal antecedent and she is in jail since 07.05.2021. He also submitted no specific allegation has been levelled against the applicant in the statement of witnesses. He also submitted that in the statement of informant, it is alleged that the injury was caused to the injured with lathi and danda, but no such injury is found on the body of the deceased. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, she will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that the applicant had actively participated in the said incident, therefore, she is not entitled for bail, but he does not dispute this fact that initially the N.C.R. No.103 of 2021 was lodged under Section 232, 504 I.P.C. and after the death of the injured, the F.I.R. in question was lodged under Section 304 I.P.C.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances of the case and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Smt. Janak Dulary - be released on bail in aforesaid Case Crime, on her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 18.8.2021 S. Shivhare