The Allahabad High Court has recently granted conditional bail to Sulekha of Sahibabad in Ghaziabad district, who is accused of killing a young man having a love affair with her daughter.
A single-judge bench of Justice Rajiv Joshi passed this order while hearing a Criminal Misc Bail Application filed by Sulekha. The bail application has been filed on behalf of the applicant seeking bail in the case under Sections 302, 201, 365 IPC, Police Station Sahibabad, District Ghaziabad, during pendency of trial.
It is contended by counsel for the applicant that the applicant is innocent and she has falsely been implicated in the case. The FIR was lodged against unknown persons with the allegation that the brother of the informant had stepped out from his house and not returned back.
The counsel for the applicant submitted that after registering the FIR, the man’s body was recovered on October 14, 2019 from the basement of the house of the co-accused Munna @ Hariom.
The counsel for the applicant further submitted that name of the applicant, co-accused Munna @ Hariom and her daughter surfaced in the application moved by the informant during the preparation of panchayatnama on October 14, 2019.
Subsequently, on the basis of recovery of the dead body of the deceased from the basement of the house belonging to co-accused Munna @ Hariom, the applicant being his wife, she was implicated and charged under Sections 302, 201, 365 IPC.
In the counter-affidavit filed on behalf of the State, it is stated that as per CCTV footage, the last time, the deceased after leaving his room had gone to the house of co-accused Munna @ Hariom and thereafter, he was not returned back.
The counsel for the applicant submitted that the motive for committing offence against the applicant and his family members are that the deceased was having a love affair with the daughter of the applicant, who is also one of the co-accused.
The counsel for the applicant said that there is no direct or indirect evidence as apparent from the statement of the informant and other independent witnesses and nobody has seen who caused injury to the deceased, which resulted into his death. The post-mortem report shows that cause of death is due to asphyxia due to ante-mortem strangulation but there is no direct or indirect evidence against the applicant in this regard.
It is further contended that charges have not been framed in the trial as apparent from the order sheet, which is appended along with the supplementary affidavit.
The counsel for the applicant further said that the applicant being a woman, is entitled for protection as per provisions of Section 437 CrPC as she has no other criminal history.
She has been in jail since November 4, 2019 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the case being concluded in the near future due to heavy dockets.
Additional Government Advocate appearing for the State vehemently opposed the prayer for bail but could not dispute the aforesaid facts and legal submissions as argued by the counsel for the applicant.
“Having heard submissions of counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of UP and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail,”
-the Court observed.
The Court ordered, “Let the applicant Sulekha involved in the crime be released on bail, on her executing 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 will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. She will not tamper with the witnesses.
3. She will not indulge in any illegal activities during the bail period. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.”