Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8043 of 2019 Applicant :- Chandrawati Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajive Ratn Singh,Ajay Kumar,Dhananjay Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Counter affidavit filed on behalf of State, which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.442 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Rajpura, District Sambhal.
Learned counsel for the applicant submits that according to prosecution version informant's daughter Meera was married with the applicant's son Mahendra before two years of the incident. After marriage the applicant and co-accused were demanding motorcycle and money and on 25.11.2018 due to non-fulfillment of aforesaid dowry the accused persons committed murder of the deceased. He submits that the applicant is mother-in-law of the deceased and resides separate with her elder son. In this regard a certificate issued by the village head has been filed. The age of the applicant is about 70 years old. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and she is languishing in jail since 26.11.2018.
Per contra, learned A.G.A. has vehemently opposed the bail prayer and submitted that no certificate issued from the competent authority like family register has been filed only the certificate of separate living issued by village head has been filed. As per postmortem report cause of death is asphyxia due to ante-mortem strangulation. The deceased died unnatural death within two years of her marriage, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Chandrawati involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant shall not tamper or pressurize the prosecution evidence.
2. The applicant shall appear on the date fixed by the trial Court.
3. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 21.8.2019 Jitendra