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Sheebu Gupta vs State Of U.P. on 20 July, 2021

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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 11

Case :- BAIL No. – 7508 of 2021

Applicant :- Sheebu Gupta

Opposite Party :- State of U.P.

Counsel for Applicant :- Shailendra Singh Rajawat,S.S. Solanki

Counsel for Opposite Party :- G.A.

Hon’ble Rajeev Singh,J.

Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.

The present bail application has been filed on behalf of the applicant in Case Crime No.751 of 2020, under Sections 498A, 304-B, 504, 506 I.P.C. and Sections 3/4 D.P. Act, Police Station Ghazipur, District Lucknow, with the prayer to enlarge him on bail.

Learned counsel for the applicant has submitted that the marriage of the deceased was solemnized with the brother of the applicant on 09.07.2018. He also submitted that on 26.12.2020, the applicant received information that due to fire, the deceased received injuries and she is being brought to Civil Hospital and thereafter, the applicant also reached there. He also submitted that the information of the aforesaid incident was also given to the police, as a result, the statement of the deceased was also recorded by the Magistrate/Nayab Tehsildar concerned namely R.R. Raman on the directions of the Senior Officers.

Learned counsel for the applicant has further submitted that as the statement of the deceased was recorded on 26.12.2020 at 08:25 p.m. in presence of Doctor Amaresh Kumar Gupta in which she categorically stated that due to behavior of mother-in-law, the environment of the family was strained and prior to 18.12.2020, she was at her parental house, and she also stated that on the date of incident at about 04:30 p.m., she was burned by her husband and in the house, her mother-in-law, sister-in-law and her husband were also present. Thereafter, her mother-in-law tried to save her and later on, she was brought to the hospital by her husband. She also stated that for the aforesaid incident, her mother-in-law and husband are responsible. Thereafter, the F.I.R. in question was lodged on the written complaint of the father of the deceased in which general allegation for victimization of the deceased for demand of dowry was leveled against all the family members. He also submitted that the applicant has no concern with the said incident as the deceased was under treatment since 26.12.2020.

Learned counsel for the applicant also relied on the statement of the deceased which was taken by Mr. R.R. Raman, Magistrate/Nayab Tehsildar. He also submitted that the statement of Magistrate/Nayab Tehsildra was also recorded by the Investigating Officer in which he categorically stated that he recorded the statement of the victim who died later on. He also submitted that the applicant does not have any criminal antecedent and he is in jail since 28.12.2020. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that the deceased unnatural death within seven years of her marriage, but he does not dispute the fact that her dying declaration was recorded and this fact is properly entered into GD No.32 dated 27.12.2020.

Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances of the case and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.

Let applicant – Sheebu Gupta – be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

Order Date :- 20.7.2021

S. Shivhare

 

 

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