Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56178 of 2019 Applicant :- Baldau And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Shivam Yadav,Akhilesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Dharmendra Kumar Verma, learned counsel, filed vakalaltnama on behalf of complainant, let it be taken on record.
Heard learned counsel for the applicants, learned counsel for the complainant, learned AGA and perused the record.
Learned counsel for the applicants submits that the applicants are father-in-law and mother-in-law of the deceased. There was no dispute of demand of dowry. The applicants have not harassed or tortured the deceased. It has further been submitted that there is general allegation against the applicants, no specific role has been assigned to them. In the postmortem report, the cause of death of the deceased has been shown asphyxia due to ante mortem hanging which shows that the deceased has committed suicide herself. The applicants have no concern with the alleged incident and have falsely been implicated in the present case. As per most mortem report, except ligature mark no other mark of injury has been found to the deceased. The deceased was a short tempered lady. In the month of August, 2019 during festival of Rakshabandhan the co-accused Rahul and deceased entered into some kind of verbal duel, on the issue of sending her to her parental house because of which she lost her cool and committed suicide. The case of the applicants is distinguishable from the case of husband of the deceased. There is no criminal history of the applicants and they are in jail since 16.8.2019.
Per contra, learned A.G.A. and learned counsel for the complainant opposed the prayer for bail and argued that the deceased died an unnatural death within 14 months of her marriage. Prior to the alleged incident the deceased was harassed and tortured by the applicants and her husband. After marriage the deceased was living in her sasural. The applicants and her husband did not send her to her maika. The applicants have committed the alleged offence, therefore, they are not entitled for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicants Baldau and Smt. Meera Devi involved in Case Crime No. 121 of 2019, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Erach District Jhansi be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicants will not tamper with the evidences.
2. The applicants will not pressurize/intimidate the prosecution witnesses and they will cooperate with the trial.
3. The applicants 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 applicants.
Order Date :- 17.12.2019 Gss