Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8597 of 2019 Applicant :- Nirmala Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Kumar Srivastava,Sheikh Saaduddin Sazaly Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Supplementary affidavit filed by learned counsel for applicant is taken on record.
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 Simpi was solemnised with Deepak about 6 years back and since after marriage she was being treated with cruelty for non-fulfilment of demand of Rs.5 Lacs and her dowry death was committed on 22.7.2018 by burning her to death of which information was given to first informant by Police Station; that no specific role has been assigned to applicant regarding demand of dowry or treating 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 applicant may not be beneficiary of Rs.5 Lacs allegedly demanded, as dowry; that inquest report as well as post-mortem report of deceased states that dead body of deceased was found in kitchen where her body was burnt to skeleton and upon post- mortem it was found that she died due to ante-mortem 100% burn injuries; that deceased was not blessed with a child due to which she was living in depression and appears to have committed suicide by putting her on fire in kitchen in absence of family members; that in alternative there may be dispute between husband and wife and husband may be liable for burn injuries caused to deceased; that case of applicant is distinguishable with husband of deceased; that applicant has no criminal history; that applicant undertakes that she will not misuse liberty of bail; that applicant is in custody since 26.7.2018.
Learned A.G.A. vehemently opposed prayer of bail and contended that dowry death of deceased was caused by putting her on fire inside kitchen.
Upon hearing learned counsel and perusal of record and considering 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 applicant Nirmala Singh be released on bail in Case Crime No.94 of 2018, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, P.S. Karanda, District Ghazipur, on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with 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 :- 28.2.2019 Kpy