Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56185 of 2019 Applicant :- Smt. Beena Opposite Party :- State of U.P.
Counsel for Applicant :- Nitin Raj Singh,Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Ajay Kumar Dwivedi, learned counsel, has filed vakalatnama on behalf of the complainant, let it be taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. It has further been submitted that there is general allegation against the applicant, no specific role has been assigned to the applicant. There is no eye witness of the alleged occurrence. In the postmortem report one contusion along with ligature mark has been found to the deceased. The cause of death of the deceased has been shown asphyxia as a result of ante mortem hanging which shows that the deceased has committed suicide herself. The applicant has not compelled the deceased to commit suicide. The deceased wanted to live separate from her in-laws in a city due to which she committed suicide. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. The case of the applicant is distinguishable from the case of husband of deceased. The co-accused Munna Lal (father-in-law of the deceased) has already been released on bail by this court vide order dated 16.12.2019 in Cr. Misc. Bail Application No. 55740 of 2019, therefore, applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 15.10.2019.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that ligature mark on cut section parchment like slain seen which shows that prior to the alleged incident some injury was caused to the deceased by a pointed weapon. The deceased died unnatural death within one year and three months of her marriage. She was harassed and tortured due to non fulfilment of demand of dowry. The applicant and other co-accused have committed the alleged offence, therefore, applicant is 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 applicant Smt. Beena involved in Case Crime No. 126 of 2019, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Khairgarh District Firozabad be released on bail on her 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 applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and she will cooperate 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 :- 17.12.2019 Gss