Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35786 of 2018 Applicant :- Smt. Omwati Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Rai,Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that in this case, death occurred to the deceased is natural and no specific role has been alleged against the present applicant who happens to be mother-in-law of the deceased. The first information report is afterthought and outcome of deliberation because the same was lodged after funeral was done. Under similar circumstances, co-accused Meenu @ Naino (Jethani) of the deceased has been admitted to bail by this Court vide order dated 28.06.2018 in Criminal Misc. Bail Application No.23884 of 2018. The applicant is languishing in jail since 15.03.2018.
Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Smt. Omwati involved in Case Crime No.76 of 2018, under Sections 498A, 304B, 201 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Sheohara, District Bijnor be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 20.9.2018 rkg