Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13235 of 2019 Applicant :- Smt.Farmudan @ Farmuddin Opposite Party :- State Of U.P.
Counsel for Applicant :- Avnish Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarge her on bail in Case Crime No.1174 of 2018, under Sections 498A, 304B I.P.C. & 3/4 D.P. Act, Police Station Kankarkhera, District Meerut.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the instant case. It is also contended that as per prosecution version, before three years of the incident, deceased was married with the son of the applicant and was having pregnancy of four months. He further submits that applicant is living separately from her son. According to the inquest report, deceased committed suicide and as per postmortem report, cause of death of the deceased was due to asphyxia as a result of antemortem injury. There is general allegation against the applicant. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant being a lady of 65 years of age, is languishing in jail since 3.1.2019, having no criminal history.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that there is no reason to falsely implicate the applicant. He further submits that according to the investigation, applicant and other co-accused were demanding dowry of Rs.2,00,000/- and a motorcycle and when their demand was not fulfilled then they harassed the deceased, as a result of which, she committed suicide, therefore, he does not deserve any benevolence.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties, perusing the material on record and also the applicant being a lady of 65 years of age, I am of the view that it is a fit case for bail. Let the applicant-Smt.Farmudan @ Farmuddin involved in the aforesaid case crime be released on bail on her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The accused applicant shall attend the court in accordance with the conditions of the bond executed by her.
2. She shall not commit any offence similar to the offence of which she is accused.
3. She shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the court or to any police officer.
4. She will not tamper with the evidence.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.
Order Date :- 30.5.2019 m.a.