HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 38858 of 2019
Applicant :- Meera Devi And 2 Others
Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar
Counsel for Opposite Party :- G.A.
Hon’ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, Sri Nehal Beg, learned counsel for the informant and learned A.G.A. for the State.
Argument on behalf of the applicants has been extended to the effect that in this case, applicants are innocent and have been falsely implicated in this case. They have no role to play in the commission of the offence. Applicants happen to be ‘sister-in-laws’ and ‘jeth’ of the deceased and they have no concern with the offence in question. Nothing concrete was collected/discovered against the applicants during course of investigation and charge- sheet was not filed against them. The deceased committed suicide herself. The applicants have no concern with the alleged incident. Under the similar circumstances co- accused Premchandra Thakher @ Prem Thathera (father-in-law) and Jiyna Devi (mother-in-law) have been admitted to bail by co-ordinate Bench of this Court on 16.8.2016 and 5.9.2016 in Criminal Miscellaneous Bail Application Nos.27141 of 2016 and 28422 of 2016, copies whereof have been annexed as Annexure No.9 to the affidavit filed in support of this bail application. In case, the applicants are admitted to bail, there are no possibility of absconding or misusing the liberty of bail. The applicants have no criminal history and are languishing in jail since 24.08.2019 in the present case.
The learned A.G.A. as well as learned counsel for the informant have vehemently opposed the bail prayer of the applicants and submitted that the deceased died unnatural death within two months of her marriage, but could not dispute that both father-in-law and mother-in-law have been admitted to bail by co-ordinate Bench of this Court and the case of the applicants are on lesser footing than that of co- accused father-in-law and mother-in-law.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicants- Meera Devi, Maya Devi and Sanjay Seth- involved in case crime no.180 of 2016, under Sections 498A, 304B and 3/4 D.P. Act, Police Station Phoolpur, district Azamgarh be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned on the following conditions that:-
1. The applicants shall not tamper with the prosecution evidence;
2. The applicants shall not pressurize the prosecution witnesses;
3. The applicants shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.
Order Date :- 24.9.2019
Raj
