Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11023 of 2018 Applicant :- Smt. Chandrakali @ Chandra Kaliya Opposite Party :- State Of U.P.
Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of Smt. Chandrakali @ Chandra Kaliya in connection with Case Crime No. 127 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Kamasin, District Banda.
Heard Sri Keshari Nath Tripathi, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA along with Sri Vivek Dubey, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that the applicant is the mother-in-law; that there are general allegations; that the cause of death is Asphyxia due to ante- mortem hanging; that the applicant has been living separately of the deceased and her husband staying with her elder son as said in paragraph nos. 11,15 and 25 of the affidavit; that the applicant is an old woman of 68 years suffering from age related ailments; that the circumstances leading to the deceased committing suicide have been set forth in paragraph no. 26 of the affidavit; and, that the applicant is a respectable woman with no criminal history who is in jail since 11.12.2017.
Learned AGA has opposed the bail plea with the submission that it is a case of an unnatural death of a wife within seven years of marriage in the four walls of her matrimonial home with a background of dowry demand. As such, the applicant is not entitled to bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the relationship of the applicant to the deceased, in particular the fact of a separate living and the age of the applicant 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 applicant Smt. Chandrakali @ Chandra Kaliya involved in Case Crime No. 127 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Kamasin, District Banda be released on bail on 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 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 :- 27.3.2018 Deepak