Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7963 of 2019 Applicant :- Smt Maharani Opposite Party :- State Of U.P.
Counsel for Applicant :- Sarvajeet 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 dowry death of deceased being her mother-in-law; that general allegations have been made and no specific role has been assigned to applicant regarding demand of dowry or treating the 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 may not be the beneficiary of Rs.2,00,000/- allegedly demanded, as dowry; that deceased and her husband were living separately; that there was dispute between husband and wife on account of which deceased appears to have committed suicide by hanging herself and applicant may not be held responsible for causing any abetment and instigating her to commit suicide; that case of applicant is distinguishable from Kushveer, husband of deceased; that applicant has no criminal history; that applicant undertakes that she will not misuse liberty of bail; that applicant is in custody since 3.9.2018.
Learned A.G.A. vehemently opposed the prayer of bail in this case of dowry death within 07 years of marriage.
Upon hearing learned counsel and perusal of record and considering the 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 the applicant Smt Maharani be released on bail in Case Crime No.270 of 2018, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Bisauli, District Budaun on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the 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 :- 25.2.2019 Tamang