Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19919 of 2018 Applicant :- Smt. Lajjawati Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Submission of the counsel for the applicant is that the applicant is the mother-in-law of the deceased and the allegations of demanding dowry or committing cruelty are false. Further submission is that she had absolutely no relationship with the deceased and she lived separately along with her husband and the applicant had nothing to do with her matrimonial affairs. Contention is that for the reason of her being a woman and the mother-in- law of the deceased, by virtue of her relationship, her case is distinguishable from that of the husband, who may be said to be the first person responsible to ensure the welfare and safety of his wife and who is having the principal onus to explain her unnatural death under abnormal circumstances. It was also pointed out that the post mortem report shows that apart from the ligature mark found on the body of the deceased, there was no other injury found on the body of deceased which may indicate that she was subjected to any other kind of violence soon before her death or which may indicate the participation of many persons in the commission of crime. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon her. It has also been pointed out that the accused is not having any criminal history and she is in jail since 10.2.2018 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Smt. Lajjawati, involved in Case Crime No. 23 of 2018, u/ss. 498A, 304B I.P.C. & 3/4 D.P. Act, P.S.- Bilsanda, District- Pilibhit, be released on bail on her executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and her personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 28.5.2018 Naresh