Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8577 of 2019 Applicant :- Smt. Sunaina And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Sengar,Rajnikant Pandey Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicants, learned A.G.A. and perused the record.
Learned counsel for applicants contended that applicants have been falsely implicated with general allegations being mother- in-law and Jethani of deceased; that as per averments made in F.I.R. lodged on 10.7.2018 by Gauri Shanker Tewari, his sister Renu was married to Pradip Tewari on 28.2.2009 and was being treated with cruelty and on account of atrocities by applicants and co-accused persons, she committed suicide by hanging herself; that applicants never treated deceased with cruelty in any manner whatsoever; that applicants neither instigated nor abetted deceased for committing suicide; that case of applicants is distinguishable with husband of deceased; that co-accused Pradip Tewari, husband and Chandra Bhan Tewari, father-in- law, have been granted bail by other Benches of this Court vide orders dated 19.11.2018 & 28.8.2018 passed in Criminal Misc. Bail Application Nos.44012 of 2018 and 32702 of 2018 respectively, copies produced for perusal and is taken on record; that applicants have no criminal history; that applicants undertakes that they will not misuse liberty of bail; that applicants are in custody since 11.1.2019.
Learned A.G.A. vehemently opposed prayer of bail.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment; grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicants Smt. Sunaina and Smt. Saroj Tewari be released on bail in Case Crime No.0064 of 2018, under Section 306 I.P.C., P.S. Shahabganj, District Chandauli, on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicants will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that they are abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Order Date :- 27.2.2019 Kpy