Somwati Vs State of U.P.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 373 of 2023

Applicant :- Somwati Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Prasad Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Learned counsel for the applicant is permitted to correct the date of jail of the applicant in memo of application.

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Heard learned counsel for the applicant and learned A.G.A.

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The instant bail application has been filed on behalf of the applicant-Somwati, with a prayer to release her on bail in Case Crime No. 151 of 2022, under Sections 498A,304B, 323, IPC and section 3/4 D.P. Act Police Station Palimukimpur, DistrictAligarh, during pendency of trial.

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There is allegation of causing dowry death of his daughter-in-law against the applicant.Learned counsel for the applicant has submitted that dispute took place between the couple as a result of which deceased committed suicide by way of hanging. He is mother-in-law of the deceased and has been falsely implicated in this case.The applicant is in jail since 23.07.2022 and has no criminal history.He next submits that the brother-in-law (Dewar) namely, Suraj has already been enlarged on bail by co-ordinate Bench of this Court, vide order dated 08.02.2023 passed in Criminal Misc. Bail Application No.207 of 2023, copy of which order has been produced before this Court and is taken on record.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

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Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court

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in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

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Let the applicant-Smt. Somwati be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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That 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 him from disclosing such facts to the Court or to any police officer;

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The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 3.3.2023/S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Somwati v. State of U.P.

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Somwati v. State of U.P.

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