Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29822 of 2021 Applicant :- Sursatti Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Baranwal,Priti Baranwal Counsel for Opposite Party :- Manoj Kumar Singh
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State learned counsel appearing on behalf of informant and perused the record of the case.
By means of this application, applicant-Sursatti, who is involved in Case Crime No. 135 of 2021, under sections 498-A, 304-B IPC and section 3/4 of Dowry Prohibition Act, police station Saraikhwaja, district Jaunpur, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, the informant, who is the father of the deceased, has lodged first information report on 08.04.2021 in respect of an incident which took place on 07.04.2021 against the husband, mother-in-law, brother-in-law (devar) of the deceased and two other persons, namely, Noor Mohammad and Nigma, alleging inter alia that marriage of his daughter was solemnized on 13.06.2019 with co-accused Rajendra, but his daughter was harassed and tortured by the accused persons for additional demand of dowry in her matrimonial home. On 07.04.2021 at about 6.30 p.m., he received information regarding the death of the deceased.
It is submitted by learned counsel for the applicant that the applicant, who is the mother-in-law of the deceased, is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that there is no specific allegation has been made against the applicant and only general role of harassment and demand of dowry has been levelled against all the accused persons. The applicant being mother-in- law of the deceased has no concern with the day-to-day affairs of the deceased with her husband. It is also submitted that the applicant has no criminal antecedent to her credit and is facing detention since 01.06.2021. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the applicant is mother-in-law of the deceased. The innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, she will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, considering the submission that the applicant is mother- in-law of the deceased and the case of the present applicant is distinguishable from the case of co-accused Rajendra, who is the husband of the deceased, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Sursatti, 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 him 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 :- 23.9.2021 Sazia Digitally signed by SANJAY KUMAR SINGH Date: 2021.09.23 15:31:25 IST Reason: Document Owner Location: High Court of Judicature at Allahabad