Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22646 of 2019 Applicant :- Smt Naiksi Opposite Party :- State Of U.P.
Counsel for Applicant :- Pratibha Vohra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against three accused persons namely, Naresh (husband), Jagatpal (father-in-law) and Neksi (mother-in- law) alleging that the marriage of deceased Rajani was solemnized with Naresh before one year, they demanded additional dowry from the deceased for which the deceased was being tortured by them and on 7.3.2019 they killed her by setting her on fire pouring kerosene oil.
It is submitted by learned counsel for the applicant that applicant is old lady and mother-in-law of decases. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. She has no concern with the demand of dowry and she is not beneficiary of the same. Applicant has no concern with deceased and her husband. She is living separately. Deceased has committed suicide herself. She is languishing in jail since 9.3.2019 (more than two and half months) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that instructions have not been received.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Smt Naiksi involved in Case Crime No. 82 of 2019, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Hayat Nagar, District Sambhal be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.5.2019 A. Singh
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22646 of 2019 Applicant :- Smt Naiksi Opposite Party :- State Of U.P.
Counsel for Applicant :- Pratibha Vohra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Sri C.P. Singh, learned A.G.A. for the State stated that instructions have not been received.
Call for a report from S.S.P./S.P., Sambhal to explain as to why and under what circumstances, instructions have not sent within time, by filing personal affidavit on or before 2.7.2019.
List/ put up this matter on 3.7.2019.
Copy of this order be provided free of cost to learned A.G.A. for the State within 24 hours for compliance.
Order Date :- 29.5.2019 A. Singh