Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11034 of 2018 Applicant :- Smt. Kamla Opposite Party :- State Of U.P. Counsel for Applicant :- G.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Sri Mahesh Kumar Tripathi has put in appearance on behalf of the complainant which is taken on record.
Heard Sri G.S. Chauhan, learned counsel for the applicant, Sri M.K. Tripathi, learned counsel for the complainant and Sri Indrajeet Singh, learned AGA along with Sri Vivek Dubey appearing for the State.
This is an application for bail on behalf of Smt. Kamla in Case Crime No. 26 of 2018, under Section 304B, 498A, 427, 504 IPC and Section 3/4 of D.P. Act, P.S. Prem Nagar, District- Jhansi.
The submission of the learned counsel for the applicant is that the applicant is the mother-in-law and an old woman aged about 60 years; that there was matrimonial litigation between the parties inter alia being a prosecution under Section 498A IPC and an application for maintenance under Section 125 Cr.P.C that is pending; that it is the further submission of the learned counsel for the applicant that the deceased was staying with her parents; that the matter in Application U/s 482 No. 43225 of 2017 filed before this Court has been referred to the Mediation & Conciliation Centre of Allahabad High Court where it is still pending; that the submission is that in the aforesaid background, the deceased who was staying with her parents committed suicide under circumstances best known to them; that there is no explanation or logical reason as to how the deceased landed at her in-laws place in an atmosphere surcharged with matrimonial litigation without even a settlement; that the story of the wife's parents being beaten at in-laws place is not tenable according to the learned counsel for the applicant as there is no medico legal report to that effect on the record; and that the applicant is a respectable woman with no criminal history who is in jail since 16.02.2018.
Sri Tripathi, learned counsel for the complainant on the other hand has vehementally opposed the plea for bail with the submission that it is a case of an unnatural death of a wife in her matrimonial home within seven years of marriage with a background of dowry demand. He further submits that the applicant being mother-in-law and therefore the senior-most female member in the in-laws family is not entitled to indulgence of bail. Learned AGA has adopted the submissions of the learned counsel for the complainant and opposed the prayer for bail.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of the punishment, in particular the fact that the applicant is an ageing woman of 60 years age but 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. Kamla 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 S. Thakur