Sri Sanjay Srivastava, learned counsel for the complainant is not present even in the revised list call.
Sri Rama Shankar Mishra, learned counsel for the applicant submitted that bail of any co-accused is not pending in this Court. Sri K.P. Tiwari (B.H.), learned counsel appearing for the State is admitted this fact.
Heard learned counsel for the applicant, Sri K.P. Tiwari (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons, namely, Ankur (husband), Resham (mother-in-law), Bharat (devar), Rubi (nanad) and Parul (nanad) alleging that Mansi, daughter of the complainant, was married with Ankur on 22.6.2017 as love marriage and on 11.9.2017 they killed her by throwing kerosene oil and set her on fire. She was admitted in hospital but later on died. Dying declaration of the deceased was recorded and she stated that applicant had thrown kerosene oil and husband Ankur has set her on fire and against other persons general allegations were made.
Learned counsel for the applicant submitted that applicant is a lady and languishing in jail since 13.12.2017 (one year and seven months) having no criminal history. Due to heavy work load, there is no possibility to get this case decided in near future. Even then the main allegation of set on fire to the deceased has been assigned against husband. There is no independent witness/eye witness account against the applicant and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial. The role of the applicant is distinguishable from the case of Ankur (husband).
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Smt. Resham Devi Alias Reshma involved in Case Crime No. 667 of 2017, under Section 304B, 498A, 201 IPC and Section 3/4 of D.P. Act, Police Station-Sikandrabad, District-Bulandshahar be released on bail on furnishing 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 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 he is accused, or suspected, of the commission of which he 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 court below shall be at liberty to cancel the bail.
Order Date :- 31.7.2019 OP