Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27758 of 2021 Applicant :- Smt. Yashoda Opposite Party :- State of U.P.
Counsel for Applicant :- Madan Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 130/2021, under Section 306 IPC, police station Gandhi Park, District Aligarh with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is wife of deceased and she has not committed any offence. It was submitted that the marriage of applicant with deceased was solemnized about five years prior to the incident and that it was a love marriage. Learned counsel has referred statements of several independent witnesses, who have been examined during investigation and some of them are residing in the same building as tenants, and they have stated that deceased used to consume liquor and that on 23.02.2021 also he was quarreling with his wife after drinking liquor and suddenly he went inside into the room and after bolting the same from inside, committed suicide by hanging. It was further submitted that in postmortem report of deceased except ligature mark, no other injury has been shown on the body of deceased and the cause of death of deceased has been stated as asphyxia as a result of ante-mortem hanging. Learned counsel has submitted that the allegations of first informant, that applicant used to harass the deceased by calling her parental family, are false and baseless. It was also submitted that in view of statements of several independent witnesses, it is apparent that applicant has not abetted the deceased to commit the suicide. It has further been argued that the applicant is a lady and she is in judicial custody since 16.03.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Smt. Yashoda involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 12.8.2021/Anand