Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11423 of 2018 Applicant :- Hariram And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri N.L. Tripathi, learned counsel for the applicants and Sri S.A.S. Abidi, learned AGA along with Sri Kulvir Singh appearing for the State.
This is an application for bail on behalf of Hariram and Smt. Jamuna Bai in Case Crime No.
The submission of the learned counsel for the applicants is that applicant no.1 is the father-in-law whereas applicant no.2 is the mother-in-law; that there are general allegation with no specific role being assigned to the applicants; that it is a case of accident by fire while cooking as said in paragraph 5 of the affidavit; that the applicants are living separately of the deceased and her husband as said in paragraph 9 of the affidavit; that there has been no demand of dowry or cruelty in connection with the said demand as said in paragraphs 10 and 13 of the affidavit; that the husband is in jail as said in paragraph 14 of the affidavit; that the applicants are respectable persons though applicant no.1 has criminal history of a case under Sections 352, 504, 506 IPC which does not have much relevance with the submission of the learned counsel and both the applicants are in jail since 10.12.2017.
Learned AGA has opposed the prayer for bail with the submission that it is a case of an unnatural death of a wife in her matrimonial home within seven years of marriage with a background of dowry demand. However, learned AGA does not dispute the fact that allegations are general in nature.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the charge, the severity of the punishment, the relationship of the applicant to the deceased but without expressing any opinion on merits, this Court finds the applicants to be entitled to bail.
Accordingly, the bail application stands allowed.
Let the applicants Hariram and Smt. Jamuna Bai involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
1. The applicants shall not tamper with the prosecution evidence.
2. The applicants shall not pressurize the prosecution witnesses.
3. The applicants shall appear on the date fixed by the trial Court.
4. 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 him from disclosing such 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, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 29.3.2018 Imroz