Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8584 of 2019 Applicant :- Ilaychi Opposite Party :- State Of U.P.
Counsel for Applicant :- Arunkumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant has been falsely implicated for dowry death with general allegations being jethani of the deceased; that no specific role has been assigned to the applicant regarding demand of dowry or treating the deceased with cruelty for non-fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that as per averments made in FIR marriage of deceased Geeta was solemnized with Rajesh about 7 years ago and since after marriage she was being treated with cruelty for non- fulfilment of demand of Rs.1,00,000/- and motorcycle as dowry and upon being treated with physical cruelty by accused persons, she consumed some insecticide and died during treatment; that in postmortem report cause of death could not be ascertained and as per viscera report at Annexure-3, Almunium Phosphide poison was found in parts of her viscera; that the applicant may not be the beneficiary of Rs.1,00,000/- and motorcycle allegedly demanded, as dowry; that the applicant was living separately; that the case of the applicant is distinguishable with husband of the deceased; that co- accused Khaderu (father-in-law) has been granted bail by another Bench of this Court vide order dated 19.12.2018 passed in Criminal Misc. Bail Application No. 41752 of 2018, copy filed at Annexure-10; that the applicant has no criminal history; that the applicant undertakes that she will not make misuse the liberty of bail; that the applicant is in custody since 11.8.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment; grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Ilaychi be released on bail in Case Crime No. 84 of 2018, under Sections 306, 498-A, I.P.C. and Section 3/4 D.P. Act, P.S. Uska Bazar, District Siddharth Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that she is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2019 T. Sinha