Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35423 of 2019 Applicant :- Smt. Anita Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Devendra Kumar Yadav Counsel for Opposite Party :- G.A.,M.P.S. Chauhan
Hon'ble B. Amit Sthalekar,J.
Heard Sri Devendra Kumar Yadav, learned counsel for the applicant, Sri M.P.S. Chauhan, learned counsel for the informant and the learned AGA for the State and perused the record.
An FIR has been lodged by the informant Ramesh Chandra alleging that the marriage of his daughter Neeraj alias Sushma was solemnized with Mukesh son of the applicant on 08.05.2016 and after marriage the accused-applicant Smt, Anita Devi, who is the mother-in-law of the deceased and other co- accused persons started demanding Rs.50,000/- and one buffalo as dowry from his daughter and when the demand of dowry was not fulfilled the said accused persons on 10.01.2019 at about 10.00 am in the morning poured kerosene oil on her daughter and set her on fire The submission of the learned counsel for the applicant is that the allegation against the applicant, who is mother-in-law of the deceased, is general in nature and no specific role has been assigned to the applicant. Learned counsel for the applicant further submitted that the deceased in her dying declaration has stated that on 09.05.2019 due to some hot talk with her mother- in-law she set herself on fire, copy of the statement of the deceased has been filed as Annexure-1 to the supplementary affidavit. Learned counsel for the applicant further submitted that in case, the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 09.05.2019.
Learned counsel for the informant and learned AGA have vehemently opposed the prayer for bail and disputed the authenticity of dying declaration of the deceased which has been referred by the learned counsel for the applicant.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant Smt. Anita Devi involved in Case Crime No. 11 of 2019, under Section 304-B, 498-A IPC and Section 3/4 D.P. Act, Police Station Barla, District Aligarh be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 28.11.2019 N Tiwari