Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39166 of 2019 Applicant :- Khatoon Opposite Party :- State Of U.P.
Counsel for Applicant :- Usha Srivastava,Noor Mohammad,Saurabh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as Sri K.P. Tiwari, learned Brief Holder for the State and perused the record.
According to prosecution case, FIR was lodged against eight persons including the applicant(mother-in-law) and husband alleging that marriage of Nargis (sister of complainant) was solemnized with Sakeel on 24.2.2018 and for non-fulfilment of demand of dowry they killed her on 22.9.2018. According to postmortem report, cause of death could not be ascertained and viscera was preserved. According to viscera report, Aluminium phosphide was found.
It is submitted by learned counsel for the applicant that applicant is a lady and is languishing in jail since 13.10.2018(about one year) having no criminal history. She has been falsely implicated. According to postmortem report, cause of death could not be ascertained and viscera was preserved. According to viscera report, Aluminium phosphide was found. It appears that deceased committed suicide by consuming poison. The applicant is not beneficiary of so-called demand of Rs.2,00,000/- and Alto car.There is no independent witness or eye-witness account. There is no possibility to get this case decided in near future due to heavy work load. 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 Brief Holder 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 Khatoon involved in Session Trial No. 615 of 2019, Case Crime No.615 of 2018, under Section 302 IPC, Police Station Tanda, District Rampur 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 him 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 :- 30.9.2019 P.P.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39166 of 2019 Applicant :- Khatoon Opposite Party :- State Of U.P.
Counsel for Applicant :- Usha Srivastava,Noor Mohammad,Saurabh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
In compliance of order dated 25.9.2019, personal affidavit of Dr. Ajay Pal, Superintendent of Police, Rampur has been filed through AGA stating therein that he has issued a circular to the police officers of the concerned district to comply with the order of the Court within time and also warned Durga Singh, Station Officer,Police Station Tanda, District Rampur. He also tendered unconditional apology for the inconvenience caused to the Court.
Explanation given by the officer is found satisfactory. There is no need to take further action.
Order Date :- 30.9.2019 P.P.