Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8155 of 2019 Applicant :- Lalita Opposite Party :- State Of U.P. Counsel for Applicant :- Onkar Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for committing dowry death of Smt. Akshmala with general allegations being mother-in-law of deceased; that as per averments made in F.I.R. itself, marpeet with deceased was committed by her husband co-accused Meghraj who strangulated her to death; that in F.I.R. or in statement under section 161 Cr.P.C., no role of strangulating deceased has been assigned to applicant, rather specific role of strangulation has been assigned to Meghraj, husband; that no specific role has been assigned to applicant regarding demand of dowry or treating deceased with cruelty for non-fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that applicant was living separately, as deceased was living with her husband in the house constructed with the help of first informant and his brother Vijendra; that case of applicant is distinguishable from co-accused Meghraj, husband of deceased; that though bail application of co-accused Nayan Singh, father-in-law of deceased has been rejected, but that has no adverse effect on the bail application of applicant; that applicant has no criminal history; that applicant undertakes that she will not misuse liberty of bail; that applicant is in custody since 8.8.2018.
Learned A.G.A. vehemently opposed the prayer of bail in this case of dowry death within 7 years of marriage.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment 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.
Let applicant Lalita be released on bail in Case Crime No. 302 of 2018, under Sections 304-B, 498-A I.P.C. and 3/4 Dowry Prohibition Act, P.S. Thana Bhawan, District Shamli on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with 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 she 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 :- 27.2.2019 Tamang