HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 12311 of 2019
Applicant :- Smt. Alka
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Akshat Sinha,Satya Dheer Singh Jadaun
Counsel for Opposite Party :- G.A.,Sukesh Kumar
Hon’ble Arvind Kumar Mishra-I,J.
Heard Sri S.D. Singh Jadaun, learned counsel for the applicant, Sri Sukesh Kumar, learned counsel for the complainant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that no offence, whatsoever, has been committed by the applicant. The applicant is not directly in control of the situation, whereas, the applicant happens to be Chachiya Sas of the deceased. The evidence emerging against the applicant is to the ambit that one of the witnesses saw the deceased being assaulted by Devar and husband of the deceased and not by the present applicant who is stated to have taken the deceased to the hospital. This process by itself is indicative of non-involvement of the applicant in causing any assault or committing offence as alleged against her and is very much distinguishable from the act of the other co-accused who are Devar and husband of the deceased. The applicant does not bear any criminal history and is languishing in jail since 05.02.2019.
Per contra, learned counsel for the complainant has contended that the accused are acting in collusion with each other and one isolated act would not exonerate the liability as per the allegations made in the first information report.
Learned A.G.A. has adopted the contention raised by learned counsel for the complainant.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Smt. Alka involved in Case Crime No.0432 of 2017, under Sections 498A, Section304B I.P.C. and 3/4 SectionDowry Prohibition Act, Police Station Ikdil, District Etawah be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
It is made clear that the case of the present applicant is distinguishable from Dever and husband of the deceased.
Order Date :- 22.10.2019