Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50507 of 2021 Applicant :- Sushila Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This is a bail application on behalf of the applicant Sushila Devi in connection with Case Crime No. 329 of 2021, under Sections 498A, 304-B, 504 & 506 I.P.C. and 3/4 D.P. Act, 1961, Police Station Baragaon, District Varanasi.
The first information report of the incident was lodged by the complainant about the death of his daughter who was married with co-accused, Sunil Gupta on 14.06.2020 as per Hindu Rites. They have given dowry as per their status but the husband of the deceased was not happy with the given dowry. Learned counsel further submitted that the present accused is quite innocent and she happened to be the mother-in-law of the deceased and the deceased had died due to consumption of poison and no specific role has been assigned to her in the commission of crime. There are general allegations of demand dowry and in case any dowry is being given then she will not be beneficiary. Learned counsel further submitted that there are specific allegation of demand of dowry against co-accused, Sunil Gupta. Learned counsel further submitted that the present accused is a lady aged about 65 years and is suffering from various age related ailments. He submitted that the applicant is languishing in jail since 11.08.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction, considering the nature of supporting evidence, reasonable apprehension of tampering of the witnesses, the applicant is entitled to be released on bail in this case. The bail application stands allowed.
Let the applicant Sushila Devi involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 22.12.2021 SA