Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20774 of 2018 Applicant :- Smt. Neeta Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant, learned A.G.A. for State and Sri Saral Singh, learned counsel, who has put in appearance on behalf of the first informant today in the Court which is taken on record.
Learned counsel for the applicant contends that the applicant is the mother in law of the deceased, who lives separately and have been falsely implicated on general allegations, therefore it is argued that the implication of the application of the applicant is against the settled principle of law as laid down in the matter of Geeta Mehrotra and another Vs. State of Uttar Pradesh reported in 2012 (10) SCC 741. Learned counsel has further contends that the allegations of demand of one Wagon-R car and due to non-fulfilment of the same, the victim was done to death by setting her ablaze. Learned counsel has has further contended that the husband of the deceased and deceased were living in the village while the deceased wanted her husband to live at District Mainpuri which was refused by the husband on account of which deceased had committed suicide. Learned counsel has also argued that initially the deceased was taken to District Hospital, Mainpuri, thereafter she was shifted to Saifee Hospital, Etawah from where she was referred to S.N.Medical College, Agra and on the advice of Doctor, the applicant was shifted to Safdarjung Hospital, New Delhi. Learned counsel has also argued that the case of the applicant is distinguishable from the case of the husband and that the applicant is a lady of 65 years of age suffering from various old aged diseases. It is next argued that there is no likelihood of the conclusion of the trial in the near future and that the applicant is neither a previous convict nor he has any previous criminal history. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 14.03.2018.
Learned A.G.A. has opposed the bail prayer of the applicant.
Perused the first information report as well as averments contained in the bail application.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant Smt. Neeta Chauhan, involved in Case Crime No.04 of 2018, under Sections 498A, 304-B I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Vichhwan, District Mainpuri, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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.
In case of breach of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 31.5.2018 S.Ali