Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7712 of 2018 Applicant :- Bishakha And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamta Prasad Shukla Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail filed on behalf of Bishakha and Ganga Charan in Case Crime No.670 of 2017, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, P.S. Kalan, District Shahjahanpur.
Heard Sri Kamta Prasad Shukla, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA along with Sri Kulveer Singh appearing for the State.
The submission of the learned counsel applicant is that the applicant no.1 is the mother-in-law where as applicant no.2 is the father-in-law; that the FIR carries general allegations against the husband, father-in-law and mother-in-law with no specific role being assigned to the applicants; that in subsequent statements of the deceased's brother and mother though allegations of doing the victim to death have come with reference to the mother-in-law and father-in-law also but the same also bear a general character; that in fact the brother of the deceased in his statement under Section 161 Cr.P.C. has expressed his specific suspicion against the husband as would appear from his statement in response to a pointed question at page 19 of the paper-book; that it is submitted that the applicants live separately from their son-the deceased's husband and the deceased; that it is submitted that the deceased appears to have suffered burn injuries on account of some dispute with the husband who is in jail; and, that the applicants are respectable persons with no criminal history who are in jail since 17.07.2017.
Learned AGA has opposed the prayer for bail with the submission that it is a case of an unnatural death of a wife in her matrimonial home within seven years of marriage with a background of dowry demand. As such, they are not entitled to the concession of bail.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, the evidence appearing in the case, the relationship of the applicants to the deceased but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicants Bishakha and Ganga Charan involved in the aforesaid case be released on bail on their furnishing personal bonds and two-two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
1. The applicants shall not tamper with the prosecution evidence.
2. The applicants shall not pressurize the prosecution witnesses.
3. The applicants shall appear on the date fixed by the trial Court.
4. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 27.2.2018 Shahroz