Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6870 of 2018 Applicant :- Phoolmati Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Shekhar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Chandra Shekhar Kushwaha, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA for the State.
This is an application for bail on behalf of Phoolmati Devi in Case Crime No. 498A, 304B IPC and 3/4 of Dowry Prohibition Act, P.S. Madhuban, District Mau.
The submission of the learned counsel for the applicant is that she is the mother-in-law; that there are general allegation against the entire family with no role being assigned to her; that the father-in-law with an identical role to that of the applicant has been admitted to the concession of bail by this Court vide order dated 13.12.2017 passed in Criminal Misc. Bail Application No. 48995 of 2017 and as such she is entitled to bail on the ground of parity; and, that the applicant is a respectable woman who is in jail in connection with the instant crime since 17.01.2018, that is to say, a period of more than an year by now as an under trial.
Learned AGA has opposed the prayer for bail with the submission that it is a case of an unnatural death of a wife within seven years of marriage in her matrimonial home with an antecedent dowry demand. However, learned AGA does not dispute the factum of parity.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of the punishment, the relationship of the applicant to the deceased, in particular, the case of parity but without expressing any opinion on merits, this Court finds the applicant to be entitled to bail.
Accordingly, the bail application stands allowed.
Let the applicant Phoolmati Devi involved in the aforesaid case be released on bail on his 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 :- 22.2.2018 Imroz