Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25277 of 2020 Applicant :- Haree Nath And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Vikas Srivastava,Prabha Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicants that applicants are father-in-law and mother-in-law of deceased. The marriage of deceased with son of applicants has taken place in April, 2016 and after marriage, during period of four years, no complaint was made regarding any dowry demand or harassment. It was submitted that in fact deceased has suffered burn injuries accidentally as she has kept some burning wood in the night in her room in order to save from cold and after incident, the deceased was admitted in the hospital by applicant no.2 Saroj Devi. In this connection, learned counsel has referred the medical examination report of victim, which has been annexed as Annexure S.A.-II in second supplementary affidavit. Even, at the time of inquest and post-mortem of deceased, applicant no.2 has remained present there. It was also pointed out that alleged incident took place on 22.01.2020 and after that family members of deceased were informed but FIR has been lodged after two days on 24.01.2020. It was submitted that though deceased has suffered death due to burn injuries but there is no evidence regarding involvement of applicants in the incident and that allegations of dowry demand and harassment of deceased are false and baseless. It was stated that at the time of incident, applicant no.1 was in Mumbai and he came to his house after the incident. Learned counsel has referred the statements of independent witnesses, namely, Vimal Kumar Dubey and Mahesh Kumar, who have stated that some dispute has taken place between deceased and her husband and that they have not named applicants. It has been submitted that the applicants are languishing in jail since 18.03.2020 having no criminal history and that in case the applicants are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that applicants are father-in-law and mother-in-law of deceased and that there are allegations that they along with co-accused persons used to harass the deceased on account of dowry demand and that deceased has suffered unnatural death due to burn injuries.
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 applicants have made out a case for bail.
The bail application is allowed.
Let the applicants Haree Nath and Saroja Devi involved in Case Crime No.0012 of 2020, under Sections 498-A, 304-B, 504 IPC & 3/4 D.P. Act, P.S.Rampur, District Jaunpur, 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 applicants shall not tamper with the evidence during the trial.
2. The applicants shall not pressurize/ intimidate the prosecution witness.
3. The applicants shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 :- 22.9.2021 Neeraj