Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19915 of 2018 Applicant :- Sudami Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Submission of learned counsel for the applicant is that the co- accused Basantoo Kumar, who is the husband of the deceased, has already been released on bail by another Bench of this Court on 12.8.2011 passed in Criminal Misc. Bail Application No. 20773 of 2011 (annexure no. 8). So far as the applicant is concerned, she is the mother-in-law of the deceased and even the charge sheet was not submitted against her. But later on during the course of trial she has been summoned under Section 319 of Cr.P.C. by the trial court. Submission is that at any rate for the reason of being a woman and by virtue of her relationship, her case stands on better footing than that of the husband, who has already been released on bail and therefore, on principles of parity also the accused should be released on bail.
Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon her. It has also been pointed out that the accused is not having any criminal history and she is in jail since 24.4.2018 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. has opposed the prayer for bail but has not disputed the fact of parity as has been claimed on behalf of the applicant with that of the co-accused who has already been released on bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the bail order passed in favour of co-accused, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Sudama Devi, involved in S. T. No. 273 of 2011, arising out of Case Crime No. 23 of 2011, u/ss. 498A, 306 I.P.C., P.S.- Mehnajpur, District- Azamgarh, be released on bail on her executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and her personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 28.5.2018 Naresh