Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13291 of 2021 Applicant :- Smt. Sona @ Sovani Opposite Party :- State of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.,Ved Prakash Ojha
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant 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. It has been argued by learned counsel for the applicant that applicant is mother-in-law of deceased and that she has not committed any offence. It has been submitted that incident took place on 20.06.2020 and deceased died on 21.06.2020 after that no complaint was made to the police. It has been submitted that after more than one month, an application was sent to Superintendent of Police on 31.07.2020 by the informant and thereafter an application was filed on 04.08.2020 under Section 156 (3) Cr.P.C. before the Court and in pursuance of the order of Court, this case was registered on 08.12.2020. Learned counsel submitted that long and undue delay in making complaint creates a serious doubt about the authenticity of the prosecution version. It has been submitted that there may have been some dispute between deceased and her husband, due to which, she committed suicide by consuming some insecticide. It was also stated that only general allegations of dowry demand and harassment have been levelled against the applicant and no specific role has been assigned to applicant. It has been submitted that the applicant is languishing in jail since 01.01.2021 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 counsel for the informant as well as learned AGA have opposed the prayer for bail and argued that deceased has suffered unnatural death at her matrimonial home within a short span of one year of her marriage and that there are allegations that victim was harassed on account of dowry demand.
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 Smt. Sona @ Sovani involved in Case Crime No.0333 of 2020, under Sections 147, 323, 504, 506, 498A and 304B IPC and 3/4 D.P. Act, P.S. Talbehat, District Lalitpur, 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 :- 27.7.2021 Neeraj