Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34920 of 2019 Applicant :- Maya And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Dubey,Amresh Bahadur Tiwari,Malti Sharma,Rakesh Tripathi I Counsel for Opposite Party :- G.A.
Hon'ble B. Amit Sthalekar,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
The allegation in the FIR which was lodged by the informant Sukhpal is that, the marriage of his son- Sundar, deceased was solemnized with Rajni, the applicant no.2 seven years ago but after marriage some dispute was taken place between them and the wife of the deceased, Rajni who started living separately in her parental house. The applicant no.2- Rajni also filed a case before the family court, Hapur. On 02.04.2018 at about 2.00 pm Sundar, deceased went to his in-laws' house to meet his wife- Rajni and when he returned back from there he told the informant that the appellant no.1- Maya (Mother-in-law of the deceased) and other accused persons administered poison in his food. Thereafter the informant and other family members admitted the deceased in the Hospital where on 03.04.2018 at about 8 pm he died.
The submission of the learned counsel for the applicants is that the applicant no.1 is the mother-in-law of the deceased and the applicant no.2 is the wife of the deceased. The applicants are living separately since 2017 and they have no concern with the deceased; the deceased died in his own house while the applicant no.2 was living in her parental house since 2017. Learned counsel for the appellants further submitted that the first information report was lodged on 22.06.2018 while the date of incident is 02.04.2018 therefore the FIR was delayed by more than two months. It is further contended that there is no eye-witness account to show that the applicants have administered poison to the deceased.
Learned AGA opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, in my opinion, prima facie a case for bail is made out.
Let the applicants Maya and Rajni involved in Case Crime No. 284 of 2018, under Sections 306 IPC, Police Station Pilkhuwa, District Hapur be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicants will not tamper with the evidences.
2. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicants will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicants.
Order Date :- 27.11.2019 N Tiwari