Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8212 of 2019 Applicant :- Smt. Nirmala Alias Mamta Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamesh Kumar Arya 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 two accused persons namely, Babloo and Mamta alleging that the marriage of deceased Kosal was solemnized with Bablu in the year 2009, they demanded dowry from the deceased for which the deceased was being tortured by them and on 13.11.2018 they killed Koshal by administering poison. According to F.S.L. report, orgenochloro insecticide poison was found in the body of deceased. Two children were born out from the wedlock of deceased and her husband.
It is submitted by learned counsel for the applicant that applicant is lady and mother-in-law. 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. Deceased has committed suicide herself. She is languishing in jail since 14.11.2018 (near about three 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 but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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. Nirmala Alias Mamta involved in Case Crime No. 1152 of 2018, under Section 302 IPC, P.S. Majhola, District Moradabad 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 :- 26.2.2019 A. Singh