Allahabad High Court
Juhi @ Shakira vs State Of U.P. on 29 July, 2021
Equivalent citations: AIRONLINE 2021 ALL 1903
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- BAIL No. - 7963 of 2021 Applicant :- Juhi @ Shakira Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Chandra Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.37 of 2021, under Sections 498-A, 304-B I.P.C. and Sections 3/4 D.P. Act, Police Station Talkatora, District Lucknow, with the prayer to enlarge her on bail.
Learned counsel for the applicant has submitted that the applicant is the married sister-in-law (Nanad) of the deceased. He also submitted that the applicant was enjoying her matrimonial life with her husband and on 04.12.2020, a daughter was born to the applicant by Cesarean. He also submitted that on the date of incident, the applicant was with her husband, but due to annoyance, all the family members including the applicant has been implicated in the F.I.R. by way of general allegation. He also submitted that the applicant is taking care of her child of two months, she does not have any criminal antecedent and she is in jail since 03.02.2021. He also submitted that charge sheet has already been filed and there is no possibility for tampering of any evidence. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that the deceased died unnatural death within 7 years of her marriage and the applicant is the married sister-in-law (nanad) of the deceased, but he conceded the fact that major allegations have been levelled against the husband of the deceased and general allegations have been levelled against all other family members. He also does not dispute the fact that the applicant is having a child of two months.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances of the case and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Juhi @ Shakira - be released on bail in aforesaid Case Crime, on her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 29.7.2021 S. Shivhare