Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7732 of 2018 Applicant :- Monika @ Moni Opposite Party :- State Of U.P.
Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail filed on behalf of Monika @ Moni in Case Crime No.340 of 2017, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, P.S. Rajjabpur, District J.P. Nagar.
Heard Sri Sandeep Kumar Srivastava, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA along with Sri Kulvir Singh appearing for the State.
The submission of the learned counsel for the applicant is that she is the sister-in-law (Nanad); that the applicant is a young and unmarried girl; that there are general allegations with no specific role assigned to the applicant as asserted in paragraph 10 to the affidavit; that it is a case of accident by fire where the deceased suffered injuries while she was cooking food as asserted in paragraph 12 of the affidavit; that the applicant is aged about 19 years and is a student of B.A. II Year; that it is also pointed out that the mother-in-law and father-in-law who bear a much higher order of responsibility have been admitted to bail by the court of sessions; and, that the applicant is respectable person with no criminal history who is in jail since 31.01.2018.
Learned AGA has opposed the bail plea with the submission that it is a case of an unnatural death of a wife in her matrimonial home within seven years of marriage with a background of dowry demand. As such, the applicant is not entitled to the concession of bail.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, the relationship of the applicant to the deceased who is a sister-in-law (Nanad), a fact that she is a young person of 19 years, a student against whom there are no specific allegations 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 Monika @ Moni involved in the aforesaid case be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. 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 him from disclosing such 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, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 27.2.2018 Shahroz