Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34327 of 2019 Applicant :- Naina Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Navneet Kumar Mishra,Sunil Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the applicant is the sister-in-law (jethani) of the victim. In the first information report, it has been alleged that on account of demand of dowry the victim was put on fire in the bedroom. However, in the statement of the victim recorded by the police under Section 161 Cr.P.C. she has alleged that there was affair between the applicant and her husband and since she picked up the phone call of her husband which was purportedly made to the applicant she got infuriated and put her on fire. There was no allegation that she was put on fire on account of demand of dowry.
A supplementary affidavit has been filed by the applicant on behalf of applicant wherein a copy of parivar register has been brought on record. It has been pointed out that the applicant is residing with her husband, Dinesh and three children separately from the family of the victim and her husband and has no concern with her family. The applicant is in jail since 22.06.2019 and has no criminal history to her credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Naina Devi, be released on bail in Case Crime No. 101 of 2019, under Sections- 498-A, 326, 504, 506 IPC and 3/4 of Dowry Prohibition Act, Police Station-
Zamaniya, District- Ghazipur, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 22.8.2019 Rohit