Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34440 of 2019 Applicant :- Smt. Kaushalya And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Kamal Pandey,Devesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Sri Karan Singh Yadav, Advocate has filed memo of appearance on behalf of the complainant, which is taken on record.
Heard learned counsel for the applicants, Sri Karan Singh Yadav, learned counsel for the complainant, learned A.G.A. for the State of U.P and perused the material available on record.
Contention is brief that the circumstances of the case are self speaking and virtually giving certificate of innocence to the applicants qua the allegations made under Sections – 304-B and 498-A I.P.C. and indicate fact that the fire, which resulted into death of the victim was basically caused to the victim, while she was cooking food. Ample evidence regarding this admissible circumstance cannot be refuted by any stretch of imagination/argument at this stage. The applicants are father-in- law and mother-in-law of the deceased. They had no occasion to indulge in any activity leading to the death of the victim. In case, the applicants are admitted to bail, there is no possibility of their absconding or misusing the liberty of bail. The applicants have no criminal history and are languishing in jail since 11.05.2019.
While opposing the aforesaid argument, Sri Karan Singh Yadav, learned counsel for the complainant engaged attention of this Court to several supposition that the cause of death was due to cardio-respiratory failure, which under normal circumstances cannot be said to be outcome of burn injuries, caused to the magnitude of 35 percent. In so far as the statement/telephonic conversation of the victim is concerned, there may be intriguing circumstance which need be scrutinised by the trial court and then only proper conclusion can be drawn.
Learned A.G.A. has adopted contention of the learned counsel for the informant.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicants - Smt. Kaushalya and Gyasi Sen involved in Case Crime No. 33 of 2019, under Sections - 498A, 304B I.P.C. & 3/4 D.P. Act, Police Station - Katera, District - Jhansi be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 26.8.2019 S Rawat