HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 11
Case :- BAIL No. – 10583 of 2019
Applicant :- Smt. Sampata
Opposite Party :- State of U.P.
Counsel for Applicant :- Satendra Nath Rai
Counsel for Opposite Party :- G.A.
Hon’ble Rajeev Singh,J.
Heard, learned counsel for the applicant, 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. 104 of 2019 under Sections 498A, Section304B I.P.C 3/4 D.P. Act, Police Station Kauriya , District Gonda, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the case and in jail since 22.07.2019. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, she will not misuse the liberty of bail.
Learned counsel for the applicant submits that the applicant/accused is mother-in-law and she has been falsely implicated in this case. The marriage of her son was solemnized with the deceased in the year, 2016. He further submits that no demand of dowry was ever made by the applicant and other family members.
Learned counsel for the applicant submits that the deceased was hyper in nature and she committed suicide merely on the basis of some marital problem. He further submits that the information was given by the family members of the applicant/accused to the brother of the deceased. Merely on the basis of concocted fact, F.I.R. has been lodged on 04.07.2019 under Sections 498A, Section304B I.P.C. 3/4 D.P. Act, P.S. Kauriya, District- Gonda. In the F.I.R., it is alleged that on 03.07.2019, the deceased informed the informant that she was beaten by the applicant and other family members due to demand of dowry and on 04.07.2019, she committed suicide. The information was given by Kanhaiya Lal, father-in-law (husband of the applicant-accused). He further submits that after going through the post-mortem report, no any other external mark of injury seen on the body and cause of death is due to Asphyxia as a result of ante-mortem hanging.
Learned counsel for the applicant submits that the co-accused, Kanhaiya Lal was granted bail by this Court vide order dated 05.11.2019 in the Bail Application No. 10362 of 2019.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant. He has fairly conceded that the deceased committed suicide merely on the basis of some marital problem.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, 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 Smt. Sampata be released on bail in Case Crime No. 104 of 2019, on her/their furnishing personal bond and 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.
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 :- 7.11.2019
shravan
