Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10866 of 2018 Applicant :- Smt. Malti Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Sarvesh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Sri Chandra Narayan Mishra has put in appearance on behalf of the complainant, which is taken on record.
Heard Sri Ghanshyam Chuabey holding brief of Sri Servesh, learned counsel for the applicant, Sri Chandra Narayan Mishra, learned counsel for the complainant and Sri Indrajeet Singh, learned AGA along with Sri Vivek Dixit appearing for the State.
This is an application for bail on behalf of Smt. Malti Devi in Case Crime No. 494 of 2016, under Sections 306 IPC, P.S. Kalyanpur, District Kanpur Nagar.
The submission of the learned counsel for the applicant is that she is the mother-in-law of the deceased Atul Shukla who is said to have been harassed by his wife and in-laws; that Atul Shukla has left behind a suicide note, the genuineness of which is disputed by the learned counsel by the applicant though he does not dispute that the suicide note is a part of the case diary; that it is further submitted that the deceased committed suicide on account of the fact that he was in trouble with his employer, the Organic India Company, Lucknow, where he was working as a Sales Officer at a salary of Rs. 24,000/- per mensem and the employer on account of being dissatisfied with his work given a notice to show cause why his services be not terminated; that the aforesaid issue with the employer has driven him to commit suicide; that without prejudice to the contention that the suicide note is a false and forged document even if it be regarded as a genuine one, in the submission of the learned counsel for the applicant the facts stated there speak about his harassment at the hands of his in-laws generally including the applicant and their threat to implicate him and his family in a false case of dowry death over which the applicant took the extreme step which according to learned counsel for the applicant is by itself not enough to constitute an offence in the absence of any tangible act or word of instigation, aid or conspiracy so as to constitute an act of abetment within the meaning of Section 107 IPC; that particular emphasis has been laid by the learned counsel for the applicant on the fact that she is an old woman of 67 years and cannot be accepted to have participated if at all in the alleged abetment; and, that the applicant who is otherwise a respectable old woman, is in jail since 19.02.2018.
Learned counsel for the complainant as well as learned AGA have opposed the prayer for bail with the submission that the suicide note clearly spells out the applicant's name as one of the abettors.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of offence, the evidence appearing in the case, in particular, the fact that the applicant is an old woman of 67 years but without expressing any opinion on merits, this Court find it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Smt. Malti Devi involved in the aforesaid case be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant 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 :- 29.3.2018 Imroz