Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8253 of 2019 Applicant :- Pinki Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogendra Yadav,Akhilesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
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 of Kusum with general allegations being Nanad of deceased; that as per averments made in F.I.R. lodged by Ram Gulam Prasad, his niece Kusum was married to Sonu in the year 2009 and since her Gauna in the year 2012 she was being treated with cruelty for non- fulfilment of demand of motorcycle as dowry and on 11.10.2018 upon beating by her husband and in-laws including applicant she died; that applicant is married Nanad of deceased and was living in her Sasural in District Sivan State of Bihar; 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 motorcycle allegedly demanded, as dowry; that post-mortem report of deceased states that deceased died due to asphyxia as a result of ante-mortem hanging which indicates that following dispute between husband and wife, she appears to have committed suicide; that case of applicant is distinguishable from Sonu, husband of deceased; that co- accused Raj Kumar, husband of applicant has been granted bail by another Bench of this Court vide order dated 21.2.2019 passed in Criminal Misc. Bail Application No.7508 of 2019, copy produced for perusal and is taken on record; that applicant has no criminal history; that applicant undertakes that she will not misuse liberty of bail; that applicant is in custody since 29.11.2018.
Learned A.G.A. vehemently opposed prayer of bail in this case of dowry death within 7 years of marriage.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment; grant of bail to co-accused 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 Pinki Devi be released on bail in Case Crime No.167 of 2018, under Sections 306, 323, 498A I.P.C., P.S. Khukhundu, District Deoria, 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 :- 26.2.2019 Kpy