Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14663 of 2018 Applicant :- Dharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Parmeshwar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Parmeshwar Yadav, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case No.7741 of 2017, in Case crime No.281 of 2017, under Sections 498-A, 304-B IPC and 3/4 of Dowry Prohibition Act, Police Station Ghughuli, District Maharajganj, with the prayer to release her on bail.
Submission of learned counsel for the applicant is that the applicant is mother-in-law of the deceased. It is submitted that there are general allegations and the applicant was living separately from the house of the deceased along with the husband Rudal as stated in paragraphs 11 and 12 of the affidavit. It is submitted that co-accused Rudal (father-in-law) has already been enlarged on bail by coordinate Bench of this Court vide order dated 15.3.2018 passed in Criminal Misc. Bail Application No.9949 of 2018. It is submitted that the applicant is in jail since 23.9.2017.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Dharma, be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 25.4.2018 Hasnain