Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20702 of 2021 Applicant :- Smt. Geeta Opposite Party :- State of U.P.
Counsel for Applicant :- Satish Kumar Tyagi Counsel for Opposite Party :- G.A.,Shyam Shankar Pandey
Hon'ble Raj Beer Singh,J.
Heard Satish Kumar Tyagi, learned counsel for the applicant, Sri Shyam Shankar Pandey, learned counsel for the complainant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is mother-in-law (saas) of the deceased and that she has not committed any offence. It is submitted that the marriage of deceased with applicant's son had taken place one year prior to the incident but she wanted to marry with someone else and that after three weeks prior to the incident, when she came at her matrimonial home, she has told that she did not want to live there and that on 8.01.2021 she bolted her room from inside and committed suicide by hanging. It has been submitted that from inquest report, it is apparent that dead-body of deceased was lying in the room, which was bolted from inside and that as per postmortem report, cause of death has been shown asphyxia due to ante-mortem hanging. Learned counsel for the applicant further submitted that all these facts indicate that deceased had committed suicide. It has been submitted that all the family members of the applicant were named in first information report and that only general allegations of dowry demand and harassment had been levelled against them. No specific role has been assigned to the applicant. It was further submitted that similarly placed co-accused Devpal, who is father-in-law of the deceased, has already been granted bail by this Court, copy of which has been produced and the same is taken on record. It has been submitted that the applicant is languishing in jail since 09.01.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA and learned counsel for the first informant have opposed the prayer for bail and argued that deceased was murdered by the accused persons and after that she was hanged but they have managed the matter and no injury was shown on the body of the deceased, whereas deceased has sustained several injuries. Learned counsel for the first informant has submitted that there are serious allegations against accused persons including applicant and that being mother in law of the deceased, applicant is not entitled 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 involved in Case Crime No. 22 of 2021, under Sections 498-A, 304-B, 313 IPC and 3/4 Dowry Prohibition Act, P.S. Modinagar, District Ghaziabad, 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 he is accused, or suspected, of the commission of which he 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 :- 30.7.2021 Ujjawal