Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45213 of 2021 Applicant :- Smt. Vimla Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Dutt Awasthi Counsel for Opposite Party :- G.A.,Bharat Bhushan Dubey
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Krishna Dutt Awasthi, learned counsel for the applicant; Sri Bharat Bhushan Dubey, learned counsel for the informant and Sri Janardan Prakash, learned AGA for the State as also perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Smt. Vimla Devi, with a prayer to release her on bail in Case Crime No. - 88 of 2021, under Sections - 498-A and 304-B I.P.C. and Section 3/4 D.P. Act, Police Station - Bidhuna, District - Auraiya, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 02.03.2021, the applicant is in confinement since 09.09.2021;
(ii) the applicant claims to have cooperated in the investigation;
(iii) the applicant has no criminal history;
(iv) though chargesheet has already been submitted, there is no hope of early conclusion of the trial
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the applicant had no role to play in the matrimonial discord of the deceased with the applicant's son. In any case, allegation of demand of dowry and cruelty are vague and general. They may relate to the applicant's son namely Pradeep Kumar whose case may stand on a different footing.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on her furnishing a personal bond and 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 by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 23.12.2021 Abhilash