Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35581 of 2021 Applicant :- Vinita Opposite Party :- State of U.P.
Counsel for Applicant :- Mahendra Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. The applicant is mother-in-law of injured and that in the FIR, only general allegations of dowry demand have been levelled against all the four accused persons including applicant. The marriage of injured with son of applicant has taken place about four years prior to the incident and they have two children and that allegations of dowry demand are false and baseless. It was submitted that though the injured has sustained severe burn injuries, but as per statement of injured, no specific role has been assigned to applicant in causing burn injuries to the injured. The role of putting the injured on fire has been attributed to co-accused Rakesh Diwakar, who is father-in-law of injured, and that said co-accused Rakesh Diwaker and Arjun have already been enlarged on bail by a co-ordinate Bench of this Court, vide order dated 13.08.2021 and 06.10.2021, passed in Criminal Misc. Bail Application No.-16248 of 2021 and 35619 of 2021. It has been submitted that the applicant is languishing in jail since 26.06.2021 and that in case the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused Rakesh Diwaker and Arjun have already been granted bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Vinita involved in Case Crime No.69 of 2021, under Sections- 498 A, 326-A, 307 IPC, and 3/4 D.P. Act, Police Station- Jagdishpura, District-Agra, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 25.10.2021 A. Tripathi