Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8582 of 2019 Applicant :- Geeta Jaiswal Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Mishra,Krishna Kant Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Vakalatnama filed by Sri Kumar Ankit Srivastava, Advocate on behalf of first informant is taken on record.
Heard Sri Ashok Kumar Mishra, learned counsel for applicant, Sri Kumar Ankit Srivastava, learned counsel for first informant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for dowry death with general allegations being mother-in-law of deceased; that as per averments made in F.I.R. lodged on 18.10.2018 by Sri Gopal Chandra Jaiswal, his daughter Shikha Jaiswal was married to co-accused Pawan Jaiswal on 11.2.2017 and since after marriage she was being treated with cruelty for non-fulfilment of demand of Swift Dezire car as dowry and on 17.10.2018 co-accused Ram Asre Jaiswal called him urgently through telephonic call and reaching there he found his daughter sitting on bed and her neck was hanging with blade of fan; that no specific role has been assigned to applicant regarding demand of dowry or treating deceased with cruelty for non-fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that applicant may not be beneficiary of Swift Dezire care allegedly demanded, as dowry; that post-mortem report indicates that cause of death is due to asphyxia as a result of ante-mortem hanging; that following dispute between husband and wife, deceased appears to have committed suicide; that case of applicant is distinguishable with husband of deceased; that applicant has no criminal history; that applicant undertakes that she will not misuse liberty of bail; that applicant is in custody since 18.10.2018.
Learned A.G.A. and learned counsel for first informant vehemently opposed prayer of bail in this case of dowry death within 7 years of marriage.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Geeta Jaiswal be released on bail in Case Crime No.176 of 2018, under Sections 498A, 304B I.P.C. and Section 3/4 D.P. Act, P.S. Sujanganj, District Jaunpur, on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that she is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2019 Kpy