Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51671 of 2019 Applicant :- Lila Wati Opposite Party :- State of U.P.
Counsel for Applicant :- Kashi Naresh Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No. 166 of 2019, under Sections 498A, 304B of I.P.C. and Section 3/4 of D.P. Act, Police Station - Atrauli, District - Aligarh, during the pendency of trial.
It is argued by learned counsel for the applicant that general allegation of demand of dowry has been levelled against the accused-applicant along with other co-accused named in the F.I.R. The applicant is the mother-in-law of the deceased. The deceased was inclined to talk to some other person on mobile which was resisted by husband of the deceased and as a result of that, due to annoyance from her husband, suicide has been committed by her. Further attention has been drawn towards the postmortem report, in which, cause of death has been shown to be asphyxia as a result of ante-mortem hanging. There is no specific allegation to the effect that hyoid bone was found fractured and simply one ligature mark has been shown and no other injury. The accused-applicant is lying in prison since 03.06.2019, having no criminal antecedent. If released on bail, she will not misuse its liberty.
On the other hand, learned A.G.A., though opposed the prayer for bail, has not controverted the aforesaid facts.
Without expressing any opinion on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before this Court deserves to be allowed.
Ordered accordingly.
Let the applicant - Lila Wati 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 the investigation or 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, it shall be a ground 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 I. Batabyal