Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38446 of 2018 Applicant :- Budho Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Budho Devi, who is in jail since 24.04.2018 in connection with Case Crime No. 154 of 2018, under Sections 498-A, 304-B, 302 I.P.C. and Section 3/4 D.P. Act, Police Station Barkheda, District Pilibhit.
Heard Sri Sanjay Kumar Shukla, learned counsel for the applicant and Sri M.P. Singh Gaud, learned AGA appearing for the State.
The submission of the learned counsel for the applicant is that she is the mother-in-law; that the cause of death is asphyxia on account of ante mortem hanging which shows it to be a case of suicide on account of issues between the husband and wife to which the applicant has no concern; that the applicant lives separately from the deceased and her husband and not in a common household; that the husband of the deceased, Sunil Kumar is in jail; that the allegations are general; that no specific role have assigned to the applicant; that the applicant is an old lady aged about 60 years and a senior citizen; that she is a respectable woman with no criminal history; that, in case, she is enlarged on bail, she will not tamper with the prosecution evidence or suborn witnesses; and, that the applicant is in jail since 24.04.2018.
The learned A.G.A. has opposed the prayer for bail and submitted that it is a case where a wife has died an unnatural death within seven years of marriage, in her matrimonial home, with the background of dowry demand and cruelty, as such, the applicant is liable. It is, however, not disputed that the allegations against the applicant are general in nature.
Considering the facts and circumstances of the case, the gravity of the offence, the nature of the evidence, the severity of punishment, the relationship of the applicant to the deceased i.e. one of a mother-in-law, the fact that she lives in a separate establishment and the allegations are general in nature, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Budho Devi involved in Case Crime No. 154 of 2018, under Sections 498-A, 304B, 302 I.P.C. and Section 3/4 D.P. Act, P.S. Barkheda, District Pilibhit be released on bail on executing her 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 shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant 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 such person from disclosing 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, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 27.10.2018 BKM/-