Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27610 of 2021 Applicant :- Smt Geeta Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Ramanuj Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is sister-in-law (Jethani) of deceased and that she has not committed any offence. The marriage of deceased with brother-in-law of applicant has taken place in the year 2017. The allegations regarding dowry demand and harassment of deceased, are false and baseless and that applicant being Jethani of deceased was not going to be benefited by fulfillment of alleged dowry demand. In postmortem report, except ligature mark, only one contusion and multiple abrasions were shown and cause of death has been stated asphyxia as a result of ante- mortem hanging. It was submitted that only general allegations of dowry demand and harassment have been made and that no specific role has been assigned to the applicant. It has been further submitted that the applicant is a lady and she is languishing in jail since 15.05.2021, having no criminal history and that in case the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Smt Geeta Devi involved in Case Crime No. 305 of 2020, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Etmadpur, District Agra, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 12.8.2021 A. Tripathi