Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8274 of 2019 Applicant :- Smt. Drupadi Opposite Party :- State Of U.P. Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for dowry death with general allegations being mother-in-law of deceased; that as per averments made in F.I.R. deceased was married to Ravi Kumar on 22.2.2015 and was being treated with cruelty for non fulfilment of demand of Refrigerator and Washing machine, as dowry, and her husband used to beat her upon exhortation by his Bhabhi Smt. Kamlesh, mother Smt. Drupadi and brother Umesh and on 12.11.2018 at 11:45 p.m. another daughter of first informant informed him by phone that Mamta was put to fire by her husband and in-laws; that no specific role has been assigned to applicant regarding demand of dowry or treating deceased with cruelty for non- fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non- fulfilment of demand of dowry; that applicant may not be beneficiary of Refrigerator and Washing machine allegedly demanded, as dowry; that applicant is an old lady of around 70 years and she is 1948 born, as per Aadhar Car at Annexure No.9; that in FI.R. no demand of dowry is alleged to have been made against applicant or treating the deceased with cruelty for non fulfilment of demand of dowry, rather only allegation is that upon her call, husband of deceased used to beat her; that applicant neither instructed her son Ravi to beat deceased nor participated in incident of burning deceased nor she was physically able to participate in crime in question; that case of applicant is distinguishable from Ravi Kumar, husband of deceased; that applicant has no criminal history; that applicant undertakes that she will not misuse liberty of bail; that applicant is in custody since 19.1.2018.
Learned A.G.A. vehemently opposed prayer of bail in this case of dowry death within 7 years of marriage.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Smt. Drupadi be released on bail in Case Crime No.630 of 2019, under Sections 304-B, 498-A I.P.C. and 3/4 D.P. Act, P.S. Narsena, District Bulandshahr on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that she is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2019 Tamang