Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7736 of 2018 Applicant :- Laxmina Devi And 2 Ors.
Opposite Party :- State Of U.P.
Counsel for Applicant :- Anjani Kumar Raghuvanshi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail filed on behalf of Laxmina Devi, Ranjeet Sharma and Ravi Sharma in Case Crime No.678 of 2017, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, 1961, P.S. Shivpur, District Varanasi.
Heard Sri Anjani Kumar Raghuvanshi, learned counsel for the applicant and Sri Indrajeet Singh Yadav alongwith Sri Vivek Duvey, learned AGA appearing for the State.
The submission of the learned counsel for the applicant is that applicant no.1 is the mother-in-law whereas applicant nos.2 & 3 are brothers-in-law (Devar); that there are general allegations against the entire family with no specific role being assigned to the applicants as asserted in paragraph 15 of the affidavit; that the deceased and her husband were living separately from the applicants as asserted in paragraph 12 of the affidavit; that the deceased committed suicide on account of issues between the husband and the wife and on account of some quarrel that took place between them as the learned counsel would submit; that there was no demand of dowry or cruelty in connection with dowry demand preceding the occurrence and no complaint in that regard was ever made to any person or authority as asserted in paragraph 11 of the affidavit; that the husband is already in jail; that the father-in-law with a role identical to that of applicant no.1 and vis-a-vis applicant nos.2 & 3 carrying a more onerous responsibility has been admitted to the concession of bail by this Court vide order dated22.02.2018, passed in Criminal Misc. Bail Application No.6866 of 2018 on the foot of which each of the applicants here are entitled to parity; and, that the applicants were all respectable persons with no criminal history who are in jail since 03.10.2017.
Learned AGA has opposed the prayer for bail with the submission that it is a case of an unnatural death of a wife within seven years of marriage in her matrimonial home with a background of dowry demand. However, he does not dispute that there are general allegations against the applicants and also that the factum of parity.
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 applicants to the deceased but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
It is made clear that benefit of this order will not be available to the husband.
Accordingly, the bail application stands allowed.
Let the applicants Laxmina Devi, Ranjeet Sharma and Ravi Sharma involved in the aforesaid case be released on bail on their furnishing personal bonds and two-two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
1. The applicants shall not tamper with the prosecution evidence.
2. The applicants shall not pressurize the prosecution witnesses.
3. The applicants shall appear on the date fixed by the trial Court.
4. The applicants 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