Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51324 of 2019 Applicant :- Durgawati Opposite Party :- State of U.P.
Counsel for Applicant :- Prakash Chandra Pathak Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Prakash Chandra Pathak, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 369 of 2019, under Sections 498A & 304B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Kerakat, District Jaunpur.
It has been argued by the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case. General allegations has been levelled against the accused applicant for demand of dowry and for non-fulfilment of the same, she is stated to have been done to death. She has committed suicide which is established from the injury in post mortem report as she has suffered only one ligature mark on her neck and cause of death is shown Asphyxia as a result of ante mortem hanging. It is further argued that on the date of occurrence she was in Mumbai with her elder son and when she came to know of the said occurrence she rushed to her village. The co-accused Neetu (sister in law) has been granted bail vide order dated 10.12.2019 in Criminal Misc. Bail Application No. 51569 of 2019, copy of order of which is taken on record. The case of the applicant is at par with the case of the co-accused. The applicant has no criminal history. The accused applicant is in jail since 24.09.2019, if the accused is released on bail, she will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail and prayed that the bail application of the applicant should be refused.
After taking into consideration the rival contentions and having perused the post mortem report, this appears to be a case of suicide as the hyoid bone of the deceased was found intact and cause of death is shown to be Asphyxia due to ante mortem hanging. Looking to the fact that the co-accused has already been granted bail and the case of the present applicant is on the same footing as the case of the co-accused as well as considering the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Durgawati, involved in aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.12.2019 VPS