Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11021 of 2018 Applicant :- Meena Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Kumar Mishra,Praveen Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of Meena in Case Crime No. 648 of 2017 under Section 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Phase-II Noida, District Gautam Budh Nagar.
Heard Sri Satyendra Kumar Mishra and Sri Praveen Mishra, learned counsel for the applicant and Sri S.AS. Abdi, learned AGA along with Sri Kulveer Singh, learned counsel appearing for the State.
The submission of learned counsel for the applicant is that the applicant is mother-in-law; that there are general allegations; that there are no specific allegations against the applicant; that the applicant lives in a village at Budaun whereas the deceased along with her husband lived at Noida a fact stated in paragraph nos. 8 and 9 of the affidavit in support of the bail application; that the death is on account of unabetted suicide over some issues between the husband and the wife to which the applicant is not at all privy; that with an identical role the father-in-law has been admitted to the concession of bail by this Court vide order dated 05.02.2018 passed in Criminal Misc. Bail Application No. 4099 of 2018 to which the applicant is entitled to bail on ground of parity; and, that the applicant is in jail since 13.11.2017.
Sri S.A.S. Abdi, learned AGA has opposed the prayer for bail with the submission that it is a case of an unnatural death of a wife within seven years of marriage in her matrimonial home with an antecedent dowry demand and that, therefore, the applicant is not entitled to bail. However, the learned AGA does not dispute the factum of parity.
Considering the overall facts and circumstances of the case, the nature of allegations, gravity of offence, the severity of punishment, the relationship of the applicant to the deceased who is the mother -in-law, the fact that she stays at a different station far away from the place where the deceased lived with her husband and the fact of parity but without expressing any opinion on merits, this Court finds the applicant to be entitled to bail.
Accordingly, the bail application stands allowed.
Let the applicant Meena involved in Case Crime No. 648 of 2017 under Section 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Phase-II Noida, District Gautam Budh Nagar 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 :- 27.3.2018 Deepak