Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11161 of 2018 Applicant :- Smt. Nirmala Devi And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of Smt. Nirmala Devi and Krishna in connection with Case Crime No. 06 of 2018 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Kyoladiya, District Bareilly.
Heard Sri Sanjay Kumar Shukla, learned counsel for the applicant and Sri S.A.S. Abidi, learned AGA along with Sri Kulveer Singh, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that the applicant no. 1 is the mother-in-law whereas the applicant no. 2 is the father-in-law; that there are general allegations with no specific role being assigned to the applicant; that it is a case of accident by fire while cooking where the deceased, then badly injured was admitted to the hospital by the father-in-law applicant no. 2 as said in paragraph no. 8 of the affidavit regarding which there is also on record a bed head ticket showing that the second applicant took the patient in; that the cause of death is Asphyxia due to burn injuries which is compatible with a case of accident by fire; that there is no smell of kerosene oil from the deceased's clothes or body as asserted in paragraph no. 9 of the affidavit; that it has been emphatically submitted that the case is one what is popularly called a 'love marriage' where the husband and the wife had settled the marriage for themselves largely against the wishes of the wife's family and where the issue of dowry is completely out of context and a fortiori a charge under Section 304B IPC; that the husband is in jail as said in paragraph no. 11 of the affidavit; that the applicant no. 1 and 2 are aged about 58 and 60 years respectively; and, that the applicants are respectable persons with no criminal history who are in jail since 10.01.2018.
Learned AGA has opposed the bail plea with the submission that it is a case of an unnatural death of a wife within seven years of marriage in the four walls of her matrimonial home with a background of dowry demand. As such, the applicants are not entitled to bail. However, learned AGA does not dispute the fact that there are general allegations.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the relationship of the applicants to the deceased but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Smt. Nirmala Devi and Krishna involved in Case Crime No. 06 of 2018 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Kyoladiya, District Bareilly be released on bail on executing their respective personal bond and furnishing two-two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicants 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 28.3.2018 Deepak