Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8241 of 2019 Applicant :- Smt. Munni Opposite Party :- State Of U.P. Counsel for Applicant :- Rohit Shukla Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for dowry death with general allegations being mother-in-law of deceased; that as per averments made in F.I.R. lodged on 26.7.2018 by Ramesh Chandra his two daughters Priyanka and Srimati were married to two real brothers Raghuveer and Mahesh on 24.7.2012 but both Raghuveer and Mahesh were addict of liquor and gambling and used to commit mar-peet with his daughters for non-fulfilment of demand of dowry regarding which a case is pending before Mathura Courts and on 25.7.2018 he got information that dowry death of his daughter Priyanka has been caused by her husband and in-laws and deceased has left behind her two children and when sister of deceased Srimati came for her rescue attempt was also made on her life; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that applicant was living separately; that post-mortem report shows that death of deceased did take place due to asphyxia as a result of ante- mortem injuries which are four in numbers as mentioned in post-mortem report; that in her statement under Section 161 Cr.P.C. Srimati, sister of deceased has stated that she was beaten by Mahesh and Raghuveer and when she reached for rescue Raghuveer kicked in her abdomen and co-accused Lado dragged her by her hair; that case of applicant is distinguishable from Raghuveer, Mahesh and Lado; that co-accused Sunhari, father in law of deceased, has been granted bail by another Bench of this Court vide order dated 13.2.2019 passed in Criminal Misc. Bail Application No.6127 of 2019, copy produced for perusal and is taken on record; that applicant has no criminal history; that applicant undertakes that she will not misuse liberty of bail; that applicant is in custody since 24.10.2018.
Learned A.G.A. vehemently opposed prayer of bail in this case of dowry death within 7 years of marriage.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment; grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Smt. Munni be released on bail in Case Crime No.587 of 2018, under Sections 304-B, 498-A I.P.C. and Section 3/4 D.P. Act, P.S. Farah, District Mathura, on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that she is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.2.2019 Kpy