Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22798 of 2019 Applicant :- Inra Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Narayan Singh,Shabana Nizam Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against four accused persons namely, Guddu, Inra Devi, Rita and Sangeeta alleging that the marriage of deceased Priti was solemnized with Guddu on 24.6.2012, they demanded Additional dowry from the deceased for which the deceased was being tortured by them and on 26.6.2017 they killed her by setting her on fire. Dying declaration was recorded, she stated against mother-in- law, nanad and devrani.
It is submitted by learned counsel for the applicant that applicant is old lady and mother-in-law of deceased. Co- accused namely Reeta Devi and Sangeeta Devi have already been granted bail by this Court vide order dated 7.1.2019 17.5.2019 in Criminal Misc. Bail Application Nos. 33639 of 2018 and 20756 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. She has no concern with the demand of dowry and she is not beneficiary of the same. There is no possibility to get this case decided in short period in future. Applicant has no concern with deceased and her husband. She is living separately. Deceased has committed suicide herself. She is languishing in jail since 6.7.2017 (more than one year and ten months) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Inra Devi involved in Case Crime No. 999 of 2017, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Chandwak, District Jaunpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. 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 her 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.5.2019 A. Singh