Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20410 of 2018 Applicant :- Fatima Begum Opposite Party :- State Of U.P.
Counsel for Applicant :- Navneet Kumar Mishra,Sunil Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard Sri N.K. Mishra, learned counsel for the applicant, Sri Mukesh Kumar Singh, who has put in appearance on behalf of the informant and learned AGA for the State.
This is an application for bail on behalf of Fatima Begum in Case Crime No. 27 of 2018, under Sections 498A, 304B, 506 IPC and Section 3/4 of D.P. Act, P.S. Kotwali Ghazipur.
It is contended that the applicant is mother-in-law of the deceased who has been implicated on general allegations; that husband of the deceased is employed in Saudi Arabia, and the deceased has committed suicide on account of discord with her husband in a room locked/bolted from within; that father-in-law of the deceased on finding the deceased locked in room, called the police at No.100 facility who arrived and it was in the presence of the police that the door of the room where the deceased had hanged herself to death was broken into; that co-accused father-in-law named Shakeel Ahmad has already been granted bail vide order dated 28.3.2018 in Criminal Misc. Bail Application No.11311 of 2018, copy of which has been filed as Annexure-6 to the affidavit accompanying the application; that since there is no likelihood of the trial being concluded in the near future, therefore, the applicant who does not have any criminal antecedents deserves to be released on bail. The applicant is in jail since 24.4.2018.
Learned counsel for the complainant has vehemently opposed the plea for bail with the submission that the applicant who is the mother-in-law, in the absence of husband from the country she being the senior most female member in the house is responsible for the safety and security of her daughter-in-law. The submission of the learned counsel for the complainant further is that the act of suicide committed by the daughter- in-law is not something of which the mother-in-law, in the peculiar circumstances that she is placed in, in the absence of the husband, that she can shake off and that it is a case of an unnatural death of a wife not only within seven years of marriage but within one year of marriage.
Learned AGA has also opposed the prayer for bail with the submission that it is a case of an unnatural death of a wife in her matrimonial home within seven years of marriage with a background of dowry demand. However, learned AGA does not dispute the fact that allegations against the applicant are general in nature; and, that the deceased was found hanging in a room bolted from within that was broken into by the police. He also does not dispute that co-accused father-in-law has already been granted bail by another Bench of this Court.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, the relationship of the applicant to the deceased, in particular, the fact that the deceased was found hanging in a room bolted from within but without expressing any opinion on merits, this Court finds the applicant to be entitled to bail.
Accordingly, the bail application stands allowed.
Let the applicant Fatima Begum involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned. with the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 29.5.2018 Shalini