Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12132 of 2018 Applicant :- Kamala Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Hiralal Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased. The marriage of the deceased was solemnized with the son of the applicant in the year 2012. There was no dispute of demand of dowry. It has further been submitted that there is general allegation against the applicant, no specific role has been assigned to the applicant. In the postmortem report, 100% burn injury has been found to the deceased. The deceased has sustained burn injury while she was cooking food. The applicant has no concern with the alleged incident and has been falsely implicated in the present case. The applicant is an old lady aged about 62 years. The co-accused Manju Devi, Nanad of the deceased, has already been grated bail by another bench of this court vide order dated 18.1.2018, therefore, applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 2.9.2017.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Kamala Devi involved in Case Crime No. 261 of 2017, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Chandauli District Chandauli be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and she will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.1.2019 Gss