Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16938 of 2021 Applicant :- Sukhveeri Opposite Party :- State of U.P.
Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
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. The marriage of deceased with son of applicant has taken place only about six months prior to the incident. The allegation regarding dowry demand and harassment of deceased, are false and baseless. It was submitted that deceased has committed suicide as she may have dispute with her husband. As per postmortem report, cause of death has been shown asphyxia as a result of ante-mortem hanging and except that there was no injury on the body of deceased. It was submitted that only general allegations of dowry demand and harassment have been made and that no specific role has been attributed to the applicant. It has been further submitted that applicant along with her husband was residing separately from the deceased and her husband. Learned counsel further submitted that similarly placed co-accused Chandra Pal, who is father-in-law of deceased, has already been granted bail by co- ordinate Bench of this Court vide order dated 20.05.2021, passed in Criminal Misc. Bail Application No. 17374 of 2021. It has been further submitted that the applicant is languishing in jail since 03.12.2020, 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 A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused has already been granted bail.
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 Sukhveeri involved in Case Crime No. 490 of 2020, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Dholana, District Hapur, 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 :- 29.7.2021 A. Tripathi