Allahabad High Court
Rubi vs State Of U.P. on 2 December, 2019
Author: Umesh Kumar
Bench: Umesh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19471 of 2019 Applicant :- Rubi Opposite Party :- State of U.P. Counsel for Applicant :- Vimlendu Tripathi Counsel for Opposite Party :- G.A.,Ashutosh Gupta Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- Rubi, who is involved in case crime no. 843 of 2016 under Section 306 I.P.C., Police Station- Highway, District- Mathura.
According to the prosecution case having chequered history, the alleged incident took place on 18.6.2016 at 7 a.m., regarding which an application under Section 156(3) Cr.P.C. was moved on 20.7.2016 upon which learned Magistrate by order dated 5.8.2016 directed for registering case, resulting in registration of impugned FIR as Case Crime No. 843 of 2016 under Section 306 I.P.C. on 22.8.2019 against the applicant-wife; that the I.O. after investigation submitted final report on 14.9.2016 exonerating the applicant but on protest petition, the learned Magistrate passed order for further investigation on 19.4.2017.
Further investigation concluded on 24.10.2017 and charge sheet against the applicant and her father was submitted; that the Court below summoned them to face trial. Feeling aggrieved the applicant filed Criminal Misc. Application U/S 482 Cr.P.C bearing No. 1735 of 2018 and in that application this Court on 9.1.2019 has granted interim protection to them. Thereafter the applicant filed S.L.P (Criminal) No. 2421 of 2019 before the Hon'ble Supreme Court, which was dismissed on 15.3.2019, hence the applicant surrendered before learned Court below on 20.4.2019.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case on the basis of concocted story and forged suicide note, that due to harassment and torture by the in-laws, the applicant went to her parental house on 16.8.2015 where the applicant was beaten by her in-laws and a FIR as Case Crime No. 176 of 2015 under Section 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S.- Mahila Thana, District- Agra has been lodged against them; contention is that a case under Section 125 Cr.P.C. being case no. 8821 of 2015 was filed by the applicant for maintenance of her daughter and herself, besides filing a case under Domestic Violence Act as Case No. 3012 of 2015 in which learned Court below granted maintenance Rs.7000/- per month to the applicant and her daughter. Further submission is that the alleged suicide note is a forged document procured to implicate the applicant and in fact the applicant has no role in the alleged incident. It is lastly contended that the accused applicant is languishing in jail from 20.4.2019.
Learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above named applicant involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in investigation or trial and shall not indulge in any criminal activity or commission of any crime after being released on bail.
2. 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 :- 2.12.2019//Fhd.