Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11346 of 2018 Applicant :- Nisharun Opposite Party :- State Of U.P.
Counsel for Applicant :- Shailesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Sri P.C. Patel has put in appearance on behalf of the complainant is taken on record.
Heard Sri S.K. Shukla, learned counsel for the applicant, Sri P.C. Patel, learned counsel appearing for the complainant and Sri Kamal Singh Yadav, learned AGA along with Sri Vivek Dubey, appearing for the State.
This is an application for bail on behalf of Nisharun in Case Crime No. 616 of 2017, under Sections 498A, 304B, 323, 506 IPC and Section 3/4 Dowry Prohibition Act, P.S. Gaurabadshahpur, District Jaunpur.
The submission of the learned counsel for the applicant is that the applicant is the mother-in-law; that there are general allegations; that the applicant has been living separately of the deceased and her husband as said in paragraph 6 of the affidavit; that the facts leading to the deceased to commit unabetted suicide are detailed in paragraph 7 of the affidavit which are self-explanatory; that there has been no demand of dowry or cruelty in connection with dowry so as to attract the provisions of Section 304-B IPC as said in paragraph 9 of the affidavit; that the cause of death is asphyxia as a result of ante- mortem hanging, which is compatible to the case of suicide; that the husband is in jail as stated in paragraph 13 of the affidavit; that the father-in-law with an identical role to that of the applicant has been admitted to concession of bail by this Court vide order dated 27.10.2017 passed in Criminal Misc. Bail Application No. 41130 of 2017, on the foot of which the applicant claims parity; and, that the applicant is a respectable woman with no criminal history is in jail since 02.11.2017.
Learned AGA has opposed the plea for bail with the submission that it is a case of an unnatural death of a wife in her matrimonial home within seven years of marriage with a background of dowry demand. However, learned AGA does not dispute that the allegations are general in nature and also the fact of parity with the father-in-law.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of offence, the nature of evidence, the fact of parity 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 Nisharun involved in the aforesaid case be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with 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.
4. 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 him from disclosing such 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, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 28.3.2018 Imroz