Court No. - 50
Case :- CRIMINAL APPEAL No. - 569 of 2018 Appellant :- Basanti Respondent :- State Of U.P.
Counsel for Appellant :- Pawan Singh Pundir Counsel for Respondent :- G.A.
Hon'ble Harsh Kumar,J.
Re: Criminal Misc. Bail Application No.1 of 2018
Heard learned counsel for the applicant-appellant, learned AGA for the State and perused the record.
Learned counsel for the applicant-appellant contends that the applicant-appellant has been falsely implicated for committing dowry death of her daughter-in-law within two years of her marriage by putting her on fire and has been wrongly convicted for the offences under Sections 304-B, 498-A & Section-4 of the Dowry Prohibition Act and sentenced with maximum imprisonment of 10 years and fine; that the applicant-appellant neither made any demand of dowry from the deceased nor treated her with cruelty nor committed her dowry death; that there is dying declaration of deceased on record according to which the deceased had stated before the Nayab Tehsildar and Medical Officer the she was being treated with cruelty by her husband and mother-in-law, since after her marriage, for demand of dowry and her husband had developed illicit relations with another lady and after protest by her in this respect, she poured kerosene oil and put herself on fire; that in any case there were differences between the husband and wife on account of alleged illicit relationship of the husband and wife with another lady; that the case of applicant-appellant is distinguishable from Mohit (husband of the deceased); that the applicant-appellant was not granted bail during trial and she is in custody since 06.06.2015; that the applicant-appellant undertakes that she will not misuse the liberty of bail; that the applicants-appellants undertake that they will not misuse the liberty of bail and shall remain present before the Court as and when required and they will cooperate with the hearing of appeal for which their counsel will remain present on the dates of listing; that the applicant-appellant has every hope of success in appeal, but there is no likelihood of disposal of appeal in near future; that the applicant-appellant undertake that she will not misuse the liberty of bail and shall remain present before the Court as and when required and she will cooperate with the hearing of appeal for which her counsel will remain present on the dates of listing.
Learned AGA has vehemently opposed the prayer for bail.
Considering the unlikelihood of early hearing of appeal, complicity of convict and sentence as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for grant of bail during pendency of the appeal.
Let the applicant-appellant Smt. Basanti be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of trial Judge concerned in S.T. No.1180 of 2015 (State vs. Mohit and another), Case Crime No.202 of 2015, under sections498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Budhana, District Muzaffar Nagar and subject to deposit of half amount of fine imposed on him and undertaking that applicant-appellant will cooperate with the hearing of the appeal.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.
Order Date :- 25.7.2018 Deepika