Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55505 of 2019 Applicant :- Sunita Devi Kesarwani Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Sri Shivajee Srivastava, Advocate has filed vakalatnama on behalf of informant and the same is taken on record.
Heard Sri Pankaj Kumar Gupta, learned counsel for the applicant, Sri Shivajee Srivastava, learned counsel for the informant and Sri Prabhash Pandey, learned brief holder for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 304 of 2019 under Sections 34, 326, 323 & 302 I.P.C., Police Station Daraganj, District Allahabad, during the pendency of trial.
Learned counsel for the applicant contends that applicant is a lady, who is mother-in-law of the deceased. The husband of the deceased had died in the year 2018. The sole allegation against her is that she used to torture the deceased as per the statement given by her in her dying declaration dated 16.8.2019. The allegation of having burnt her to death by sprinkling kerosene oil is levelled against two dewars and father-in-law. The accused applicant is absolutely innocent and has no criminal history. Applicant is in jail since 16.9.2019. If she is released on bail, he would not misuse the liberty.
Learned counsel for the complainant as well as learned A.G.A. have opposed the grant of bail and have argued that applicant was instrumental in giving torture to the deceased, hence bail should be refused.
In view of above arguments, looking to the fact that role assigned of burning to her death is assigned to father in law and two dewars and not to the applicant, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Sunita Devi Kesarwani involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 17.12.2019 A.P. Pandey