Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7744 of 2018 Applicant :- Kumari Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Prakash Veer Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail filed on behalf of Kumari Devi in Case Crime No.690 of 2017, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, P.S. Sonha, District Basti.
Heard Sri Prakash Veer Tripathi, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA along with Sri Kulvir Singh appearing for the State.
The submission of the learned counsel for the applicant is that the applicant is the mother-in-law living separately as stated in paragraph 19 of the affidavit; that there are general allegations with no specific role against the applicant as said in paragraph 14 of the affidavit; that there has never been a demand of dowry or cruelty in connection with dowry as said in paragraph 16; that the cause of death has been asserted in paragraph 25 of the affidavit to be natural on account of Gastroenteritis which could not be managed by the doctor to whom the applicant was taken leading to death of the victim; that however, in the post-mortem report where the cause of death could not be ascertained by forensic analysis of the viscera it has come that the deceased became a victim of aluminium phosphide poisoning; that in the submission of the learned counsel for the applicant so far as the applicant is concerned she lives separately of the deceased and her son the deceased's husband and would not know precisely the circumstances under which the deceased met her end; that the husband is in jail; that the applicant is a respectable woman with no criminal history who is in jail since 04.01.2018.
Learned AGA has opposed the prayer for bail with the submission that it is a case of an unnatural death of a wife in her matrimonial home within seven years of marriage with a background of dowry demand. Learned AGA has invited the attention of the Court to the statement of mother of the victim annexed as Annexure-6 to the affidavit where she has said that the applicant was particeps criminis alongwith the husband in the manner indicated in the statement; that to this the learned counsel for the applicant has said in a rejoinder that if it were the case as said in the statement of the mother of the deceased under 161 Cr.P.C. recorded two and half months after the occurrence the fact which have figured may be briefly in the FIR or the said statement would have been promptly recorded.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, the evidence appearing in the case, the relationship of the applicant to the deceased who is the mother-in-law but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Kumari Devi involved in the aforesaid case be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. 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 default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 27.2.2018 Shahroz