Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8550 of 2019 Applicant :- Kamala Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar 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 mother-in-law of deceased; that no specific role has been assigned to 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 lodged on 22.9.2018 against as many as 12 persons consisting of all members of family of husband, marriage of Jairani with co-accused Guddu alias Ajit was solemnized on 12.5.2013 and since after marriage she was being treated with cruelty for non- fulfilment of demand of gold chain and gold ring as dowry and her dowry death was committed on 22.9.2018; that postmortem report states cause of death of deceased was due to hanging; that deceased was short tempered lady and was insisting on her husband, who was doing labour at Delhi, to fetch her to Delhi and upon showing inability by him due to poverty, she appears to have committed suicide by hanging herself; that the case of the applicant is distinguishable from husband of the deceased; 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 24.9.2018.
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 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 Kamala Devi be released on bail in Case Crime No. 212 of 2018, under Sections 304B, 498A, I.P.C. and 3/4 D.P. Act, P.S. Onchha, District Mainpuri, 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