Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7462 of 2018 Applicant :- Smt. Gulabi Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Kumar Shahi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail filed on behalf of Smt. Gulabi Devi in Case Crime No.485 of 2017, under Sections 498A, 323, 304B, 504, 506 I.P.C. and 3/4 D.P. Act, 1961, P.S. Shahjanwa, District Gorakhpur.
Heard Sri Atul Shahi, learned counsel for the applicant and Sri Indrajeet Singh Yadav alongwith Sri Vivek Dubey, learned AGA on behalf of the State.
The submission of the learned counsel for the applicant is that the applicant is the mother-in-law aged about 74 years as said in paragraph 7 of the affidavit; that there are general allegations against the entire family with no specific role being assigned to the applicant as said in paragraph 19 of the affidavit; that the applicant lives separately in another house as said in paragraph 21 of the affidavit; that the reason that led the deceased to commit suicide is detailed in paragraph 25 of the affidavit; that co-accused, the father-in-law with an identical role has been admitted to the concession of bail by this Court vide order dated 13.10.2017, passed in Criminal Misc. Bail Application No.36448 of 2017; and, that the applicant is a respectable woman with no criminal history who is in jail since 08.01.2018.
Learned AGA has opposed the prayer for bail with the submission that it is a case of death of a wife within seven years of marriage in her matrimonial home with a background of dowry demand. As such, he is not entitled to the concession of bail.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, the evidence appearing in the case but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Smt. Gulabi Devi involved in the aforesaid case be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing 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, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 26.2.2018 Shahroz