Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28964 of 2021 Applicant :- Kesh Kumari Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 59/2021, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, police station Bakewar, District Etawah with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is mother-in-law of deceased and she has not committed any offence. It was submitted that the marriage of deceased with son of applicant was solemnized on 23.05.2020. It was further submitted that the allegations of dowry demand and harassment of deceased are false and baseless. It was also submitted that alleged incident has been shown of 04.02.2021, but FIR has been lodged on 07.02.2021 i.e. after three days of alleged incident. Learned counsel has submitted that as per postmortem report of deceased, except ligature mark, no other injury has been shown on the body of deceased and that the cause of death of deceased has been stated asphyxia as a result of hanging, which suggests that deceased has committed suicide. Learned counsel has further submitted that in fact there was some dispute between deceased and her husband and that deceased has committed suicide due to that reason. It was submitted that first informant was present at the time of inquest proceedings but at that time no complaint was made and that only general allegations of dowry demand and harassment of deceased have been levelled against the applicant and co- accused persons and that no specific role has been assigned to the applicant. It has further been argued that the applicant is a lady and she is in judicial custody since 05.05.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Kesh Kumari involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 16.8.2021 Anand