Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22816 of 2019 Applicant :- Smt. Chandrawati Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Manas Bhargava, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against five accused persons namely, Dharmendra Kumar, Dal Chand, Smt. Chandrawati Devi, Suman and Kusum alleging that the marriage of deceased Rekha was solemnized with Dharmendra on 15.6.2015, they demanded dowry as rupees fifteen thousand from the deceased for which the deceased was being tortured by them and on 18.6.2018 they killed her. According to postmortem report, cause of death was found asphyxia due to antemortem hanging and hyoid bone was found NAD.
It is submitted by learned counsel for the applicant that applicant is old lady and mother-in-law of deceased. Co-accused namely Dal Chand @ Dal Chandra has been granted bail by co-ordinate Bench of this Court vide order dated 2.4.2019 in Criminal Misc. Bail Application No. 13600 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. She has no concern with the demand of dowry and she is not beneficiary of the same. Applicant has no concern with deceased and her husband. She is living separately. Deceased has committed suicide herself. She is languishing in jail since 25.4.2019 (more than one month) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that instructions have not received.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Smt. Chandrawati involved in Case Crime No. 835 of 2018, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Kotwali, District Mathura be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.5.2019//A. Singh
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22816 of 2019 Applicant :- Smt. Chandrawati Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
From the perusal of postmortem report deceased Rekha dated 19.6.2018 (annexed at page 34 & 35 of bail application), it transpires that concerned doctor has written 'NAD' in column of hyoid bone. Hence, it is not clear that what was the position of hyoid bone i.e. fractured or intact. It is very necessary for Court to know the position of hyoid bone while deciding the case.
The District Magistrate and C.M.O. Mathura are directed to ensure the compliance of Court's order by filling personnel affidavit of concerned doctor why and under what circumstances actual position (i.e. fractured or intact) of hyoid bone was not written by concerned doctor. Report be submitted on or before 4.7.2019.
List in the week commencing 8.7.2019.
Copy of this order be provided free of cost to Sri Manas Bhargava learned brief holder for the State within 24 hours for compliance.
Office is directed to send a copy of this order through FAX, e-mail and speed post within two days from today to District Magistrate & C.M.O., Mathura for necessary compliance.
Order Date :- 30.5.2019//A. Singh