Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2691 of 2021 Applicant :- Usha Devi Opposite Party :- State of U.P.
Counsel for Applicant :- S. A. Khan,Anubhav Shukla,Ram Shiromani Shukla Counsel for Opposite Party :- G.A.,Arvind Singh
Hon'ble Om Prakash-VII,J.
Heard Shri Anubhav Shukla, learned counsel for the applicant, Shri Arvind Singh, learned counsel for the informant as well as learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is mother-in-law of deceased. She is innocent and has been falsely implicated in the present case. She has not committed the present offence. Neither she made any demand of additional dowry nor the deceased was subjected to cruelty or harassment by her. She has been roped in the matter only being the family member of husband of deceased. General allegations have been made in the matter. Cause of death of the deceased is ante-mortem hanging. The applicant has no criminal history. She is languishing in jail since 07.11.2020 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for the informant as well as learned AGA opposing the prayer for bail argued that although applicant is the mother-in-law of the deceased but she was residing in the same house. She was involved in raising the demand of dowry and causing cruelty to the deceased.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Usha Devi involved in Case Crime No 149 of 2020, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Ghorawal, District - Sonbhadra be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 6.4.2021 Sanjeet