Bail can be granted based on the applicant's circumstances, provided conditions are imposed to prevent tampering with evidence and ensure trial cooperation.

JUDGMENT :

Gautam Chowdhary, J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the record.

2. This is the second bail application moved on behalf of applicant. Her first bail application was rejected by this Court vide order dated 12.02.2024 passed in Criminal Misc. Bail Application No. 6237 of 2024.

3. Learned counsel for the applicant submits that applicant is the mother-in-law of the deceased. Learned counsel further submits that after rejection of first bail application, the trial has commenced. He has drawn attention of the Court to the order sheet of the trial court and submitted that incident is of the year 2023. The case was committed to the court of Session vide order dated 14.03.2024, but till date charge has not been framed and the applicant being an old lady, suffering from several old age diseases and is in jail since 24.11.2023. The order sheet of the trial court is annexed as Annexure-S.A.1 to the supplementary affidavit dated 28.07.2024. He next submitted that, thus, the applicant may be enlarged on bail sympathetically. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon her. He next submits that applicant is languishing in jail since 24.11.2023, having no criminal history.

4. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, she does not deserve any indulgence.

5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

6. Let applicant-Devanti Devi, involved in Case Crime No. 325 of 2023, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Lar, District Deoria, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under section 174-A I.P.C.

(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) fr