Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23075 of 2017 Applicant :- Smt. Janta Opposite Party :- State Of U.P.
Counsel for Applicant :- Gajendra Singh,Preet Pal Singh Rathore,Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
A Supplementary affidavit is said to have been filed in the office on 16.01.2018, which is not on record. The learned counsel for the applicant has passed on a copy of the said affidavit which is accepted on record.
Heard Sri Preet Pal Singh Rathore, learned counsel for the applicant and Sri Saqib Meezan, learned AGA for the State.
This is an application for bail on behalf of Smt. Janta in Case Crime No. 119 of 2017, under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, P.S. Mujriya, District Badaun.
The submission of the learned counsel for the applicant is that applicant is the mother-in-law; that there is general allegation against the entire family; that there is no specific allegation against the applicant; that deceased in the submission of the learned counsel has died as a result of a gun shot injury but whatever has happened in the submission of the learned counsel is in between husband and wife as the dead body was found in the bed room of the couple, a fact duly recorded in the site plan, prepared by the Investigating Officer and that in the submission of the learned counsel the applicant who is the mother-in-law lives in a separate household with her husband and the other son; that it is further submitted that there was no demand of dowry or cruelty immediately preceding the incident so as to attract the provisions of Section 304B IPC; that applicant is an middle-aged woman of 55 years, who is in jail since 21.04.2017 and it is submitted that PW-1 who is the informant has already been examined in S.T. No. 352 of 2017, pending before the Court of Additional District Judge, Budaun, has not supported the prosecution case, and, as such, there is no ground to keep the applicant in further detention.
Learned AGA has opposed the bail plea with the submission that it is a case of unnatural death of a wife within seven years of marriage in her matrimonial home with the background of dowry demand. However, learned AGA does not dispute the fact that so far as the applicant is concerned allegations are general in nature.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of offence, the severity of the punishment, the relationship of the applicant to the deceased besides allegations of general nature against all the family members and without expressing any opinion on merits, this Court finds the applicant to be entitled to bail.
Accordingly, the bail application stands allowed.
Let the applicant Smt. Janta involved in the aforesaid case be released on bail on her 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 applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. 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 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 :- 27.3.2018 Imroz