Court No. - 18
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31945 of 2018 Applicant :- Smt. Gulista Opposite Party :- State Of U.P.
Counsel for Applicant :- Anuj Kumar Gupta,Ashutosh Upadhyay,Irshad Ahmad Counsel for Opposite Party :- G.A.,Farid Ahmed
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Smt. Gulista in connection with Case Crime No. 255 of 2018, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station Nakhasa, District Sambhal.
Heard Sri Ashutosh Upadhyay, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned A.G.A. appearing for the State.
The submission of the learned counsel for the applicant is that she has been implicated in the present crime because there is an allegation that the husband of the deceased was carrying on with the applicant and had conspired to do the deceased to death. The allegation, otherwise, against the in-laws is one of dowry demand and cruelty in connection with dowry antedating the unnatural death of the prosecutrix. It is submitted by learned counsel for the applicant that the claimed relationship between the prosecutrix and the husband of the deceased might have distressed her but the applicant, who is a stranger to her family, cannot be said to have participated in any demand of dowry or inflicting any cruelty upon the deceased in connection with that demand. It is pointed out by learned counsel for the applicant that the case is not one of murder but dowry death under Section 304-B I.P.C. It is also emphasized that the applicant is not an inmate of the deceased's matrimonial home or a relative of her husband. It is pointed out that though, there are allegations of inflicting the deceased with injury that have led to an incised wound, there is no specific allegation of assault against the applicant. The allegation against her is one of conspiracy about which there is no firm evidence available at this stage which may warrant her detention pending trial.
Learned A.G.A. has opposed the prayer or bail and submits that it has figured in the statements of witnesses that she was involved with the deceased's husband and had conspired to eliminate her. No specific evidence about the positive conspiracy or overt role in the offence has, however, been pointed out by the learned A.G.A.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the applicant is not an inmate of the deceased's matrimonial house, no role in the assault or overt act has been attributed to the applicant, the only role attributed to the applicant is of conspiracy, the fact that the applicant is in jail as an under trial since 15.05.2018 with no end to the trial insight, 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. Gulista involved in Case Crime No. 255 of 2018, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station Nakhasa, District Sambhal be released on bail on executing her 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 31.7.2019 BKM/-