Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54021 of 2019 Applicant :- Durgawati Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Raghvendra Prakash Counsel for Opposite Party :- G.A.,Hari Prakash Singh
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased. In first information report the demand of one golden chain has been shown in the dowry. The applicant is not beneficiary of alleged demand of dowry. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased and has not compelled the deceased to commit suicide. Real fact is that the husband of the deceased was doing job in Mumbai and on the day of the alleged incident he was present at house. The deceased insisted her husband to go with him but due to crises of economic, the husband of the deceased refused to took her with him and due to which the deceased has committed suicide. The applicant has no concern with the alleged incident. As per postmortem report the cause of death of the deceased has been shown asphyxia due to antemortem hanging. There is no direct evidence against the applicant. The case of the applicant is distinguishable from the case of the husband of the deceased. There is no criminal history of the applicant and is in jail since 30.8.2019.
Per contra, learned counsel for the complainant as well as learned A.G.A have opposed the prayer for bail and argued that the applicant had given wrong information to the parents of the deceased that the snake has bite the deceased, concealing the real fact. The deceased was harassed and tortured by the applicant and other co-accused due to non fulfilment of demand of dowry, therefore the applicant is not entitled for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Durgawati Devi involved in Case Crime No. 166 of 2019, under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Mehnagar, District Azamgarh be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 17.12.2019/A.