Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15844 of 2018 Applicant :- Bhateri Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- A.C.Srivastava,Ravitendra Pratap Singh Chandel Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri A.C. Srivastava, learned counsel for the applicant, Sri Ankit Srivastava, counsel for the informant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 657 of 2017, u/s 306 IPC, P.S. G.R.P., District Ghaziabad with the prayer for enlarging her on bail.
It is submitted by learned counsel for the applicant that the applicant is mother-in-law of the deceased. According to the prosecution case itself, it is a case of suicide though there is material on record to indicate that infact it was a case of accident, however, the prosecution has placed reliance on the suicide note in which she has only stated that she is committing suicide and her mother-in-law, father-in-law and their Samadhi is responsible for her death. From the suicide note, there is nothing to establish any element of abetment or instigation against the applicant to constitute offence u/s 306 IPC. It is stated that the husband of the deceased has been granted bail in Bail Application no. 2653 of 2018 vide order dated 25.1.2018.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Bhateri Devi involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.4.2018 Dhirendra/