Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35794 of 2018 Applicant :- Smt. Bhoodevi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Sharma Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant happens to be Jethani (sister-in-law) of the deceased and against her no charge sheet was filed by the police. However, charge sheet was filed against sister-in-law and husband of the deceased. The applicant has been summoned under Section 319 Cr.P.C. There is no specific role alleged against her. Co-accused Sada Shree (mother-in-law) and Dinesh (Jeth) have been admitted to bail by this Court vide orders dated 27.07.2011 and 04.12.2015 in Criminal Misc. Bail Application Nos.19707 of 2011 and 43520 of 2015. Copies of the bail orders have been annexed as annexure no.5 to the affidavit filed in support of this bail application. The applicant is languishing in jail since 24.07.2018.
Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.
Without expressing any opinion on merits 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. Bhoodevi involved in S.T. No.520 of 2011, Case Crime No.942 of 2010 under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Islam Nagar, District Budaun be released on bail on her executing a personal bond and furnishing 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 pressurise/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 :- 20.9.2018 rkg