Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38896 of 2021 Applicant :- Keshkali Opposite Party :- State of U.P.
Counsel for Applicant :- Keshari Nandan Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Learned counsel for the applicant and the informant are present.
Learned counsel for the informant Sri Satish Chandra Singh wants to file his Vakalatnama, the same be filed in the registry.
Registry is directed to show the name of Sri Satish Chandra Singh as the counsel for the opposite party in the cause list.
Heard learned counsel for the applicant on the bail application of the applicant - Keshkali in Case Crime No.109 of 2021, under Sections 498-A, 304-B IPC and 3/4 DP Act, Police Station Sumerpur, District Hamirpur.
It is argued that the present accused is the mother-in-law, her daughter-in-law died as a result of ante-mortem hanging. She committed suicide. No specific role has been assigned to her in the said crime. General role of demand of dowry has been mentioned in the FIR. The FIR was originally registered against nine persons. The investigating officer, however, exonerated six of them and submitted charge sheet against the husband, father- in-law and mother-in-law of the deceased. At the time of inquest both the parties were present and the FIR has been registered after six days of the incident. The bona fides of the in-laws could be seen by the fact that they themselves informed the parents of the deceased about the incident. The present applicant who happens to be the mother-in-law of the deceased is in jail from 18.06.2021, hence, prayer for bail is made.
It is argued on behalf of the complainant that the incident took place within two years of marriage of the deceased in the suspicious circumstances in front of the accused herself. Admittedly there are two rooms in the house of the accused, in one room the present accused and her husband used to live separately from those their son and daughter-in-law. As the incident has occurred in the day light and the mother-in-law was admittedly in the house at the time of incident and she could have save her daughter-in-law if the deceased was committing suicide. Hence the bail application is opposed.
Learned AGA has also opposed the bail on the ground that the extra dowry of a motorcycle and Rs.2,00,000/- was demanded by her in-laws and they were living together so the present accused cannot be said to be innocent.
From the perusal of the post-mortem report, it is clear that only ligature mark has been found on the neck of the girl and one bruise is also found at the end of ligature mark and the death is said to have caused due to asphyxia as a result of ante-mortem hanging. In the FIR there are general allegations of demand of dowry and causing death of the deceased no specific role of demand of any specific thing by the present accused herself is mentioned therein and nor any specific role in committing suicide of the girl is attributed to the present accused. The accused is in jail since last six months.
Upon hearing learned counsel for the parties and after perusal of record and considering the complicity of offence, severity of punishment, period of custody as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
The bail application is allowed.
Let the applicant Keshkali be released on bail in Case Crime No.109 of 2021, under Sections 498-A, 304-B IPC and 3/4 DP Act, Police Station Sumerpur, District Hamirpur, on furnishing a personal bond and two heavy sureties in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 21.12.2021 Shahroz