Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7913 of 2018 Applicant :- Smt. Mohan Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjeev Mishra Gana Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of Smt. Mohan Devi in connection with Case Crime No. 580 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Nawabganj, District Bareilly.
Heard Sri Sanjeev Mishra, learned counsel for the applicant and Sri S.A.S. Abidi, learned AGA appearing on behalf of the State.
The submission of learned counsel for the applicant is that the applicant is the mother-in-law; that there are general allegations against the entire family with no specific role being assigned to her; that the deceased committed unabetted suicide on account of the fact that the deceased had pawned her jewellery to defray the expenses of treatment of her father who passed away that embarrassed her as she could not redeem the same and this in turn led her into a mixed state of insult and depression on account of which she committed suicide in some extreme moment of emotion; that the applicant is an elderly woman suffering of a number of age relating ailments like Arthritis, Diabetes and High Blood Pressure; that the applicant has had no role to play in whatever came to pass between her son, the husband of the deceased and the deceased; that a perusal of the post-mortem report shows that the cause of death could not be ascertained and viscera have been preserved, the report of which is not yet available; that the applicant's son, the husband of the deceased Mohit Gangwar is in jail as asserted in paragraph no. 22 of the affidavit; and, that the applicant who is a respectable woman with no criminal history is in jail since 03.11.2017.
Learned AGA has opposed the bail plea with the submission that it is a case of an unnatural death of a wife within seven years of marriage in the four walls of her matrimonial home with a background of dowry demand. However, learned AGA does not dispute the fact that there are general allegations.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the relationship of the applicant to the deceased but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Smt. Mohan Devi involved in Case Crime No. 580 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Nawabganj, District Bareilly 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 :- 27.2.2018 Deepak