Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8192 of 2019 Applicant :- Narmada Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Bhushan Tiwari 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. marriage of Priyanka was solemnized with Krishnanand Chaubey on 29.5.2016 and since after marriage, she was being treated with cruelty for non fulfilment of demand of dowry; that no specific role has been assigned to applicant regarding demand of dowry or treating the deceased with cruelty for non- fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non- fulfilment of demand of dowry; that following dispute between husband and wife, deceased appears to have committed suicide; that 07 months old daughter of deceased is living in Sasural of deceased; that applicant is unwell and is under treatment; that applicant has no criminal history; that applicant undertakes that she will not misuse liberty of bail; that applicant is in custody since 26.12.2018.
Learned A.G.A. vehemently opposed the prayer of bail in this case of dowry death within 7 years of marriage.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment 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 the applicant Narmada Devi be released on bail in Case Crime No.164 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, P.S. Chiraiyakot, District Mau on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the 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 Tamang