Allahabad High Court
Premta Devi vs State Of Up. on 16 May, 2022
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56333 of 2021
Applicant :- Premta Devi
Opposite Party :- State Of Up.
Counsel for Applicant :- Amit Kumar Singh
Counsel for Opposite Party :- G.A.,Ram Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State, Shri Ram Singh for the informant and perused the record.
The instant bail application has been preferred with a prayer to release the applicant on bail in Case Crime No.115 of 2021 under Section 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Kamasin, Distt. Banda during pendency of the trial in the court below.
It has been argued by learned counsel for the applicant that the applicant is widow mother-in-law of the deceased. She is innocent and has been falsely implicated in this case. She has no criminal antecedent. She is languishing in jail since 9.10.2021. Learned counsel for the applicant in support of his submissions has placed reliance on the post mortem report dated 5.10.2021 appended as Annexure No.2 to the present bail application in which cause of death is shown as 'asphyxia due to anti mortem hanging' and hyoid bone was intact. As such it is contended that it cannot be presumed that she was strangulated and thereafter hanged. The prosecution version is unsustainable in view of the medical report. It is also submitted that there is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case, she is released on bail.
Learned counsel for the applicant in support of his submissions has placed reliance upon the judgment of Hon'ble Apex Court dated 6.2.2018 in Criminal Appeal No.227 of 2018 (Dataram Singh v. State of U.P. & Ors.) and the order of Punjab and Haryana High Court dated 14.10.2020 in CRM-M-31988-2020 (O&M) (Kamal v. State of Haryana).
Learned AGA has vehemently opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant-Premta Devi involved in aforesaid Case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5.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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 16.5.2022
SP/
