Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50279 of 2021 Applicant :- Smt. Meera Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Kamla Singh,Vijay Shanker Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 100 of 2021, under Sections 498A, 304B I.P.C. and section 3/4 Dowry Prohibition Act, P.S. Saiyadraja, district-Chandauli, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against his son- in-law and his other family members regarding unnatural death of his daughter.
Learned counsel for the applicant submits that the applicant who is an old lady aged about sixty three years is the mother-in-law of the deceased Komal Kumar. Marriage between the deceased and Ankit Kumar Singh, son of the applicant was solemnized on 16.2.2020. General allegations have been made against the applicant and her other family members that they were demanding one bullet motorcycle as additional dowry from the deceased and her parents and on account of non fulfillment of the aforesaid demand of dowry, the deceased was maltreated and tortured by them and ultimately she was done to death in her matrimonial home on 7/8.6.2021. He next submits that the applicant cannot be said to be the beneficiary of the additional dowry demanded by co-accused, Ankit Kumar Singh, husband of the deceased from the deceased and her parents and her role is clearly distinguishable from that of co-accused, Ankit Kumar Singh, husband of the deceased. He next submitted that the applicant, who has no reported criminal antecedents to her credit and is in jail since 17.10.2021, is entitled to be enlarged on bail during the pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering that the present accused is an old lady aged about 63 years and she cannot strangulate a young lady, considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Smt. Meera Devi be released on bail in the aforesaid case on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by her.
(b) 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.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 22.12.2021 Faridul