Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36134 of 2019 Applicant :- Smt. Laikan Opposite Party :- State of U.P.
Counsel for Applicant :- Anuj Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Counter affidavit on behalf of the State filed today is taken on record.
The instant bail application has been filed on behalf of the applicant with a prayer to admit her on bail in Case Crime No.200 of 2019, under Sections 498-A,328,316,304-B IPC and Section 3/4 Dowry Prohibition Act, Police Station Nakhasa, District Sambhal during the pendency of trial.
Heard learned counsel for the applicant and the learned A.G.A. and also perused the material placed on record.
It is submitted by the learned counsel for the applicant that the applicant is the mother-in-law of the deceased who has falsely been implicated in the present case with some ulterior intention. According to the prosecution case, the daughter of the complainant was married with the son of the applicant one and half year ago. The victim was constantly tortured on account of non-fulfilment of demand of dowry.The victim who was having seven months pregnancy was aborted and thereafter she was administered some poisonous substance by her-in-laws. The entire allegations contained in the FIR are absolutely false and concocted as the applicant and her husband had gone to perform Umrah and they had returned only on 8.5.2019 whereas the alleged incident is said to have occurred on 12.5.2019. The victim was taken to the hospital by her husband. It is pointed out that Matlub Hussain @ Chameli, the husband of the applicant, has already been granted bail by the co- ordinate Bench of this Court on 21.11.2019.The applicant is absolutely innocent lady and is languishing in jail since 20.5.2019 and has no criminal history to her credit. There is scanty chances of her fleeing away from the judicial process and tampering the prosecution evidence, deserves to be released on bail.
Per contra the learned A.G.A. has contended that initially the FIR was registered under Sections 498-A,328,313,307 IPC and Section 3/4 Dowry Prohibition Act. Now the charge sheet has been submitted against the applicant, father-in-law and husband of the deceased under Sections 304-B,316 IPC also. Some poisonous substance was administered to the victim. The viscera was preserved while conducting postmortem report of the deceased and the report indicates that aluminum phosphide was found in her body, thus it cannot be said that the applicant and his family members are absolutely innocent. It is further submitted that the victim who was having seven months foetus will not take poisonous substance herself for committing suicide. In case the applicant is released on bail she will misuse the liberty of bail.
Looking to the facts and circumstances of the case but without expressing any opinion of the merits, let the applicant Smt. Laikan involved in aforesaid crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 M. Tariq