Allahabad High Court
Km. Radha Devi vs State Of U.P. on 19 June, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15043 of 2020 Applicant :- Km. Radha Devi Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Singh,Ajay Kumar Vishwakarma Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard Sri Rajesh Singh and Sri Ajay Kumar Vishwakarma, counsels for the applicant and learned A.G.A for the State.
The allegation in the F.I.R. is that on account of non-fulfillment of demand of dowry all the accused persons threw the deceased on railway track where her one leg got dismembered. It has been submitted by the counsel for the applicant that the applicant is unmarried sister-in-law (nanad) of the deceased. She cannot be expected to threw her sister-in-law on railway track. From the statement of independent witnesses, it appears that the deceased accidentally dashed against the train and her leg was dismembered. It has been submitted that the applicant has been falsely implicated. She is in jail since 17.09.2019 and has no criminal history to her credit.
Learned A.G.A has opposed the bail application of the applicant but could not dispute the above arguments.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 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.
Let the applicant- Km. Radha Devi, in Case Crime No. 83 of 2014, under Sections- 498-A, 304-B I.P.C. & Section 3/4 of Dowry Prohibition Act, Police Station- Kokhraj, District- Kaushambi, 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 following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court her bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 19.6.2020 Ashok Gupta