Bail application allowed for applicant in case involving alleged suicide of her husband. Court held it is a fit case for bail without expressing opinion on merits, subject to standard conditions and bond.
Release on bail with personal bond and two sureties subject to conditions against tampering and ensuring trial cooperation.
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Neutral Citation No. - 2023:AHC:127936
Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25920 of 2023
Applicant :- Smt. Arshi Opposite Party :- State of U.P. Counsel for Applicant :- Nitin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ms. Nand Prabha Shukla,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 with a prayer to enlarge her on bail in Case Crime No. 097 of 2023, under Sections 323, 504 and 306 I.P.C., Police Station- Maudarwaja, District- Farrukhabad during pendency of the trial.
It has been contended by learned counsel for the applicant that the applicant is the wife of the deceased and was married just about seven months before the incident. The alleged dispute is mainly a family dispute. The deceased committed suicide in fear of being roped in a criminal proceedings. There is no direct role of the applicant. The mother-in-law has already been granted bail vide order dated 15.06.2023 in Criminal Misc. Bail Application No. 25923 of 2023. The applicant is falsely implicated in this case. There is no such eye witness account of the said incident neither any suicide note. The applicant is languishing in jail since 27.03.2023. In case, the applicant is released on bail, she will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the aforesaid facts.
Considering the entire facts and circumstances of the case as well as submissions made by learned counsel for the parties and without expressing any opinion on merits of the case, I find it a fit case for bail.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Smt. Arshi involved in aforesaid crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime similar to the offence of which he is accused after being released on bail.
(iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court to any police officer or tamper with the evidence.
(v) The identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
Order Date :- 22.6.2023 Shivani
Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving Sections 323, 504, and 306 IPC pending trial.
Whether the family dispute nature of the case warrants bail for the accused wife of the deceased.
Smt. Arshi
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
