Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28680 of 2021 Applicant :- Sumitra Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Subhash Singh Yadav Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the parties and perused the record of the case.
The instant bail application has been filed on behalf of the applicant, Sumitra Devi with a prayer to release her on bail in Case Crime No. 41 of 2021, under Section 498-A, 304-B, 316 IPC and 3/4 D.P. Act, police station Manikpur, district Chitrakoot during the pendency of trial.
It is submitted by learned counsel for the applicant that first information report dated 1.4.2021 has been lodged by the father of the deceased regarding an incident, which took place on 31.3.2021 against seven accused persons, namely, Chhotey Lal, Kallu, Buddh Prasad, mother- in-law (name not known) (present applicant, Sumitra Devi), Chunki, Bitti and Kallu alleging inter alia that marriage of his daughter was solemnized in the year 2019 with accused, Chootey Lal, but on account of additional demand of dowry she was being harassed and tortured by the accused persons in her matrimonial home. On 31.3.2021 she was done to death by the accused persons. It is argued by the learned counsel for the applicant that applicant is the mother-in-law (Saas) of the deceased and she has no concern with the matrimonial affairs of the deceased with her husband. It is next submitted that general allegations of demand of dowry and harassment has been levelled against all the accused persons. There is no specific allegation against the applicant. The cause of death of the deceased is due to ante-mortem hanging and no other external injury was found on her body except the ligature mark. It is also submitted that the co-accused, Buddh Prasad (devar) of the deceased has already been enlarged on bail by this Court in Criminal Misc. Bail Application No. 32923 of 2021. Lastly, it is submitted that the case of present applicant is distinguishable from the case of co-accused, Chootey Lal, who is husband of the deceased. There is no harassment or torture from the side of the applicant. The applicant has no criminal history to her credit and is languishing in jail since 12.5.2021 and in case she is enlarged on bail she will not misuse the liberty of bail.
Per contra learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Without expressing any opinion on the merits of the case, let the applicant Sumitra Devi be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(1) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(2) That 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 her from disclosing such facts to the court or to any police officer or tamper with the evidence.
(3) That after her release, the applicant shall not involve in any criminal activity.
(4) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of this 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.9.2021 Sumaira