Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20294 of 2018 Applicant :- Smt.Dhanno Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Samit Gopal Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed for enlarging the applicant on bail in Case Crime No.331 of 2017, u/s 498-A, 323, 304-B IPC and Section 3/4 of The Dowry Prohibition Act, P.S. Bhojpur, District- Ghaziabad.
Learned counsel for the applicant contends that applicant is mother-in-law of the deceased and in the statement of the deceased recorded u/s 161 Cr.P.C., copy of which has been filed as Annexure-8 to the affidavit accompanying the bail application, wherein she has alleged that her father- in-law had poured the kerosine oil and set her on fire. He has drawn the attention of this Court to Annexure 9 to the affidavit accompanying the bail application, which is first dying declaration of the deceased, wherein she has stated that she had set herself on fire and committed suicide. Learned counsel has drawn attention of this Court to Annexure-10 to the affidavit accompanying the bail application, which is second dying declaration of the deceased, wherein she has named the applicant and along with other accused persons. Learned counsel has further contended that an eye witness namely, Pratap Singh, has categorically stated that at the relevant point of time, the husband and wife were alone in the house and after the wife set herself on fire, the husband was trying to save her, copy of which is annexed as Annexure-18 to the affidavit accompanying the bail application. It is further contended that the prosecution story is absolutely false and applicant has no concern with the commission of alleged offence and she has been falsely implicated. It is next contended that the applicant is neither a previous convict nor she has any previous criminal history. It is lastly contended that 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. The applicant is in jail since 24.03.2018.
Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail stating that in the second dying declaration, the deceased had categorically named the applicant in the commission of the alleged offence.
Considering the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail.
The bail application stands allowed.
Let the applicant-Smt. Dhanno Devi involved in aforesaid case crime be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 leave district without prior permission from the Court concerned.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.5.2018 Shalini