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Shailendrai Devi vs State Of U.P. on 30 July, 2021

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HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 53

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 20379 of 2021

Applicant :- Shailendrai Devi

Opposite Party :- State of U.P.

Counsel for Applicant :- Sikandar Khan,Prabha Shanker Mishra

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. 2311/2013, under Sections 498A, 304B IPC and 3/4 D.P. Act, police station Indra Puram, District Ghaziabad with the prayer to enlarge the applicant on bail.

It has been argued by learned counsel for the applicant that applicant is aunt of husband of deceased and that she has not committed any offence. It was submitted that marriage of the deceased with co-accused Naren has taken place in the year 2013 and that applicant has no concern at all with the matrimonial life of deceased and her husband. Learned counsel has submitted that applicant was named in the FIR, but after investigation no case was found against the applicant and thus, final report was submitted in respect of applicant but during trial, applicant has been summoned under Section 319 Cr.P.C. to face trial. It has been submitted that only general allegations of demand dowry and harassment of deceased have been levelled against the applicant and co-accused persons and that no specific role has been assigned to applicant. It was also submitted that vide order dated 19.03.2021 passed in Criminal Misc. Anticipatory Bail Application No. 5825 of 2021 co-accused Raka Singh @ Raj Bahadur Singh and 2 others have already been granted anticipatory bail by this Court, copy of which has been annexed as annexure no. 9 to the bail application and that the husband of deceased namely Naren @ Narendra has already been granted bail by coordinate Bench Court vide order dated 26.05.2014, copy of which has been annexed as annexure no. 10 to the bail application. It has been submitted that applicant is a lady and that she is in judicial custody since 02.04.2021, 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 Shailendri Devi 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 :- 30.7.2021

Ujjawal

 

 

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