Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50703 of 2017 Applicant :- Smt. Mansa Devi Opposite Party :- State Of U.P. Counsel for Applicant :- A.T. Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Rejoinder affidavit filed today is taken on record.
Heard Sri A.T. Pandey, learned counsel for the applicant, Smt. Ladlee Pandey, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against six accused persons namely, Devendra @ Golden, Ravindra Patel, Mansha, Meenu @ Babali, brother-in-law (devar) and Prince alleging that the marriage of deceased Sushila was solemnized with Devendra @ Golden in the year 2015, they demanded dowry from deceased for which deceased was being tortured and beaten by them and on 7.10.2017 they killed her. According to postmortem report, she received nine injuries as contusion.
It is submitted by learned counsel for the applicant that applicant is the mother-in-law and lady. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. Deceased fallen from stair, she received injuries and died. Applicant was living separately and has no concern with deceased and her husband. No specific allegation about demand of dowry was assigned to the applicant. Offences levelled against the applicant are not attracted in the present matter. There is no independent witness and no legal evidence against the applicant. There is no possibility to get this case decided in short period in future. She is languishing in jail since 13.10.2017 (more than one year and three months) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Smt. Mansa Devi involved in Case Crime No. 897 of 2017, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Kotwali, District Maharajganj be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.1.2019 A. Singh