Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37461 of 2019 Applicant :- Smt. Indrawati And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Ravi Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
The instant bail application has been filed on behalf of the applicants with a prayer to admit them on bail in Case Crime No.23 of of 2019, under Sections 498-A,304-B IPC and Section 3/4 Dowry Prohibition Act, Police Station Naya Gaon, District Etah during the pendency of trial.
Heard learned counsel for the applicants and the learned A.G.A. and also perused the material placed on record.
It is submitted by the learned counsel for the applicants that the applicants are the mother-in-law and father-in-law of the deceased. Ashok Kumar, who the elder son of the applicants was married with the victim and there was always coordial relations between them. The applicants were not involved in the alleged incident as they were residing separately along with his younger son. Their daughter-in-law was an obstinate short tampered lady, as she was insisting her husband to live in city when her demand was not fulfilled she committed suicide after consuming some poisonous substance. The applicants are absolutely innocent and have falsely been implicated in the present case. There is no prospect of trial being concluded in near future due to heavy dockets. The applicants are languishing in jail since 8.5.2019 having no criminal history to their credit deserve to be released on bail. In case the applicants are enlarged on bail they will cooperate with the trial and will not misuse the liberty of bail.
Per contra the learned A.G.A. has contended that there is nothing on record to show that the applicants were residing separately along with their younger son. There was constant demand of dowry. The victim was done to death by strangulation in her matrimonial house within a short span of marriage. The medical report fully corroborates the prosecution case. In case the applicants are allowed to be released on bail, they will misuse the liberty of bail.
Looking to the facts and circumstances of the case but without expressing any opinion on the merits, let the applicants, namely, Smt. Indrawati and Balistar Singh involved in aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of bail.
Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.11.2019 M. Tariq