Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10985 of 2018 Applicant :- Devanti Devi And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamal Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of Devanti Devi and Reeta Devi in connection with Case Crime No. 495 of 2017 under Section 306 IPC, P.S. Madhuban, District Mau.
Applicant no.1- Devanti Devi is a sister-in-law (devrani) to the deceased Usha Devi, whereas applicant no.2 Reeta Devi is the daughter-in-law of applicant no.1, that is to say, (Devanti's daughter-in-law).
Heard Sri Kamal Srivastava, learned counsel for the applicants and Sri S.A.S. Abidi, learned AGA along with Sri Vivek Dubey, learned Standing Counsel appearing for the State.
The submission of learned counsel for the applicants is to the effect that the deceased lived recluse and forlorn right after the death of her husband who was a victim of cancer; that she would stay depressed also on account of the fact that she was issueless; that admittedly, she committed suicide, a fact acknowledged to the first informant; and, that there is no particular instance or evidence of instigation offered by any of the applicants that may constitute an abetment to commit suicide; that it is submitted that on identical allegations Vijay Shankar Gond, a brother-in-law (Jeth) and his son Suneel Kumar Gond who have also been implicated have been admitted to the concession of bail by this Court vide order dated 08.01.2018 passed in Criminal Misc. Bail Application No. 1948 of 2018 on the basis of which the applicants are entitled to the benefit of parity; and, that it is in the last contended that the applicants are respectable persons with no criminal history who are in jail since 19.02.2018. Learned counsel for the applicant has taken the Court through the First Information Report and the statements of other witnesses recorded during investigation which in his submission do not disclose a case of abetment.
Learned AGA has strongly opposed the bail plea with the submission that the deceased was a widow, left alone in her matrimonial home and was issueless; she was subjected to mentally oppressing treatment that drove her to commit suicide by the applicants so as to exclude her from inheriting the property. However, he does not dispute the fact that at present there was no property standing to her name and a property that is there in the family stands in the name of her father-in-law Dadhival Gond who is still alive. However, the learned AGA does not dispute the factum of parity.
Considering the over all facts and circumstances of the case, the nature of allegations, the gravity of the offence, the relationship of the deceased to the applicants and also the possible motivations attributed to the applicants to abet a suicide, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicants Devanti Devi and Reeta Devi 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 court 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 :- 27.3.2018 Deepak