Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51135 of 2019 Applicant :- Smt. Madhubala Bhaskar Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A.,Rajneesh Pratap Singh
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ajay Kumar Vashistha, learned counsel for the applicant, Sri Rajneesh Pratap Singh, learned counsel for the informant as well as Sri B.A. Khan, learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.449 of 2019 under sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Bannadevi, District Aligarh, during the pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is mother-in-law of the deceased and co-accused father-in-law Dhaniram Bhaskar has been granted bail by a Coordinate Bench on 14.11.2019 passed in Crl. Misc. Bail Application No.47899 of 2019, copy of the same has been produced, which is taken on record. Hence parity has been claimed. There are general allegations levelled against the accused-applicant of demand of dowry as well as having caused death of the deceased for non-fulfillment of the said demand. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 15.7.2019. In case the applicant is released on bail she will not misuse the liberty of bail.
Per contra learned A.G.A. as well as learned counsel for informant have opposed the bail prayer of the applicant. Learned counsel for informant has stated that the marriage took place on 13.05.2019 and within two months the deceased has been done to death. The accused applicant along with other co- accused were instrumental in causing death. He has further argued that in post-mortem report several injuries were found on the body of the deceased.
I have gone through the record and find that the cause of death has been shown to be asphyxia due to ante-mortem throttling/smothering.
In the light of the aforesaid arguments, looking to the fact of the case and taking into consideration the nature of offence, quantum of punishment, period of detention in jail, and the fact that the co-accused has already been granted bail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Smt. Madhubala Bhaskar involved in aforesaid case crime be released on bail on his 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 :- 18.12.2019 AU