Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33940 of 2021 Applicant :- Smt Mithelesh Opposite Party :- State of U.P.
Counsel for Applicant :- Vindhya Vashini Prasad Rai Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 20/2021, under Sections 498A, 304B, 323 IPC and Section 3/4 D.P. Act, police station Tronica City, District Ghaziabad with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused- applicant is mother-in-law of deceased and she has not committed any offence. It was submitted that the marriage of deceased with son of applicant was solemnized about two years prior to the incident and during that period of two years, no complaint was made against applicant regarding dowry demand and harassment of deceased. It was further submitted that entire family of applicant was named in FIR and that only general allegations of dowry demand and harassment have been levelled against the applicant and co-accused persons and that no specific role has been assigned to the applicant. It was also submitted that as per postmortem report, there is no injury on the body of deceased and that viscera was preserved and as per viscera report organochloro insecticide poison was found in the viscera of deceased but there is no such evidence that applicant has administered said poison to her. It was further submitted that applicant along with her husband was residing separately from deceased and her husband and that applicant has no concern with the matrimonial life of deceased and her husband. Learned counsel has submitted that similarly placed co- accused Narendra Tyagi, who is father-in-law of deceased, has already been enlarged on bail by coordinate Bench of this Court, copy of which has been produced and the same is taken on record. It has further been argued that the applicant is in judicial custody since 05.06.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Smt Mithelesh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 26.10.2021 Anand