Km. Saiyada vs State Of U.P.
2016 Latest Caselaw 4744 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25434 of 2016
 
Applicant :- Km. Saiyada
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Anil Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Naheed Ara Moonis,J.

Applicant-Km. Saiyada seeks bail in Case Crime No. 0121 of 2015, under Sections 498-A, 304-B, 326 IPC and 3/4 Dowry Prohibition Act,  Police Station Badagaon District  Varanasi.

Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.

The submission of the learned counsel for the applicant is that according to the dying declaration of the deceased it has been alleged that the applicant has set on fire by burning matches. According to the post postmortem-report,  she has sustained 100% burn injury and thus she was not in a position to depose in respect of manner incident. It is further contended that she is unmarried Nand of the deceased, who is  in jail since 23.5.2015 and has no criminal history to her credit deserves to be released on bail. In case the applicant is released on bail she will not misuse the liberty of bail.

Learned A.G.A. has contended that the dying declaration has been recorded by learned Magistrate who had given certificate that the deceased was conscious while recording her  dying declaration and such the complicity of the applicant cannot be doubted.  In case the applicant is allowed to be released on bail, she will tamper with the prosecution evidence and flee away from the judicial process.

The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.

Without expressing any opinion on the merits of the case, let the applicant Km. Saiyada 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 with the following conditions that :-

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

2. She will cooperate in the trial bonafidely without seeking adjournments.

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

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 2.8.2016

RU