Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8059 of 2018 Applicant :- Malti Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of Malti in connection with Case Crime No. 296 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Jeanpur, District Azamgarh.
Heard Sri Rajeev Upadhyay, learned counsel for the applicant and Sri S.A.S. Abidi, learned AGA along with Sri Vivek Dubey, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that the applicant is the mother-in-law; that there are general allegations with no specific role being assigned to her as asserted in paragraph no. 12 of the affidavit; that there has been no demand of dowry or harassment in connection therewith immediately preceding the occurrence as asserted in paragraph no. 13 of the affidavit; that the applicant is an old lady of 65 years, a fact said in paragraph no. 10 of the affidavit; that the FIR has been lodged 11 days after the occurrence with no explanation for the delay as apparently said in paragraph nos. 3 and 7 of the affidavit; that identically circumstanced co-accused, the father- in-law Satya Narain has been admitted to the concession of bail by this Court vide order dated 13.12.2017 passed in Criminal Misc. Bail Application No. 49026 of 2017; and, that the applicant who is a respectable woman with no criminal history is in jail since 25.01.2018.
Learned AGA has opposed the bail plea with the submission that it is a case of an unnatural death of a wife within seven years of marriage in the four walls of her matrimonial home with a background of dowry demand. However, learned AGA does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the relationship of the applicant to the deceased, the plea of parity but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Malti involved in Case Crime No. 296 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Jeanpur, District Azamgarh 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.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 28.2.2018 Deepak