Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44428 of 2021 Applicant :- Malti Opposite Party :- State of U.P.
Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This is a bail application on behalf of the applicant Malti in connection with Case Crime No. 84 of 2021, under Section 302 I.P.C., Police Station Mant, District Mathura.
The first information report of the incident was lodged by the complainant about the death of her sister and it was alleged that the incident had taken place on 8.5.2021 at about 6:45 a.m. and the sister (deceased) of the complainant named Saroj Devi was married with Ramu Chaudhary about 12 years ago but the in- laws of the sister of the complainant were not happy with the given dowry and they were persistently demanding dowry from her and they were demanding specifically two lacs in cash and one pulsar motorcycle. It was alleged that due to the demand of dowry, the husband and the present accused were harassing the deceased and it was alleged that husband and the accused persons after pouring petrol over the body of the deceased lit fire to her and due to this she was badly burnt and later on she was admitted to the hospital. Later on she died on 16.5.2021 in the Kanpur Medical College. Learned counsel further submitted that the present accused happened to be the mother-in-law of the deceased and the deceased was married about 12 years ago and there were general allegations of demand of dowry against all the accused persons from the complainant's family. Learned counsel further submitted that the deceased was got burnt and was admitted to the hospital by the husband of the deceased, Ram Chaudhary which is evident from the medical papers which are annexed at page no. 27 of the paper book. Learned counsel further submitted that it is specifically mentioned in the Bed Head Ticket of the District Hospital Siddharthnagar that the police was informed of the incident and no adverse statement was given by the injured against the present accused. Learned counsel further submitted that the present accused is a senior citizen and aged about 60 years and she is suffering from various age related ailments. He submitted that the applicant is languishing in jail since 28.07.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction, considering the nature of supporting evidence, reasonable apprehension of tampering of the witnesses, the applicant is entitled to be released on bail in this case. The bail application stands allowed.
Let the applicant Malti involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.12.2021/SA