Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56138 of 2019 Applicant :- Omvati Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Dutt Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. It has further been submitted that there is general allegation against the applicant, no specific role has been assigned to the applicant. The deceased has committed suicide herself at her parental house. The applicant has not compelled the deceased to commit suicide. In the postmortem report, the cause of death of the deceased has been shown asphyxia due to ante mortem hanging. The applicant is an old lady aged about 61 years and at the time of alleged incident the applicant was living separate from the deceased and her husband. There is no criminal history of the applicant and is in jail since 20.8.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Omvati involved in Case Crime No.736 of 2018, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Dibiyapur District Auraiya be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and she will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 17.12.2019 Gss