Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33281 of 2019 Applicant :- Fareeda Begam Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd Imran Khan Counsel for Opposite Party :- G.A.,Lalji Yadav,Yashpal Yadav
Hon'ble B. Amit Sthalekar,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
By this application the applicant is seeking bail in Case Crime No. 165 of 2019 under sections 323, 504, 498A, 306 I.P.C. and 3/4 of Dowry Prohibition Act Police Station Rasoolabad District Kanpur Dehat.
The allegation as per the FIR lodged by the first informant, who is father of the deceased Nasreen is that he has married his daughter on 29.5.2012 with Irfan and has given sufficient dowry in the marriage but the in-laws of his daughter were not happy with the dowry and used to torture her on account of demand of more dowry. It is further alleged that on 16.4.2019 at about 7 p.m. her in-laws have beaten his daughter badly and tried to kill her by hanging and when she fainted they have taken her to S.I.S. Hospital, Keshavpuram, Kalyanpur Kanpur. He was informed telephonically and reached there. Subsequently during treatment his daughter has died.
The submission of the learned counsel for the applicant is that there are general allegations of demand of dowry against all the family members of the applicant and no specific role has been assigned to any of the accused persons. It is further submitted that the applicant is the mother-in-law of the deceased and is an old lady. It is further submitted that during investigation the Investigating Officer has recorded the statements of several persons but he has not submitted charge sheet against father-in- law, two daughters of the applicant, elder son of the applicant and two brothers of the applicant but submitted charge sheet against the applicant and the husband of the deceased. Lastly, it is submitted that the applicant has been falsely implicated in this case and is languishing in jail since 22.6.2019.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the arguments advanced by the learned counsel for the applicant.
Having considered the rival submissions of the learned counsel for the parties, facts and circumstances of the case and the fact that prima facie no specific role has been assigned to the applicant and without commenting on the merits of the case, prima-facie in my opinion the applicant is entitled for bail.
Let the applicant-Fareeda Begum invoved in the above case be released on bail on her furnishing a personal bond and two sureties each of 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 :- 27.11.2019 o.k.