Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17883 of 2019 Applicant :- Kanti Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against four persons namely, Vikas Kumar (husband), Rajmani Yadav(father-in-law), Kanti Devi(mother-in-law) and Shri Devi(sister-in-law) alleging that marriage of Babita @ Baby(niece of first informant) was solemnized with Vikas Yadav in May, 2015 but they used to torture her for non- fulfillment of demand of dowry and on 9.7.2018 they killed her. Her body was found hanging. As per postmortem report, ligature mark was found on neck and cause of death was due to antemortem hanging.
It is submitted by learned counsel for the applicant that applicant is lady and mother-in-law of deceased. The applicant is languishing in jail since 25.3.2019 (more than one month) having no criminal history. Co-accused namely Rajmani has been granted bail by this Court vide order dated 13.2.2019 in Criminal Misc. Bail Application No. 4734 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. He was living separately from deceased and her husband. The applicant had neither any concern with so-called demand nor he was beneficiary. General allegation has been made against the applicant. There is neither any independent witness nor any eye- witness account. Deceased died herself by committing suicide. In case applicant is released on bail, she will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Kanti Devi involved in Case Crime No.177 of 2018, under Section 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, Police Station Chilh, District Mirzapur 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 :- 29.4.2019 A. Singh