Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11552 of 2018 Applicant :- Prabha Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Prakash Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri P.C. Srivastava, learned counsel for the applicant and Sri Rajendra Kumar Yadav, who put in appearance on behalf of the complainant and Sri S.A.S. Abidi, learned AGA for the State.
This is an application for bail on behalf of Prabha Devi in Case Crime No. 888 of 2017, under Section 304-B, 498-A IPC and Section 3/4 of Dowry Prohibition Act, P.S. Alapur, District Budaun.
The submission of the learned counsel for the applicant is that the applicant is the mother-in-law; that there are general allegation with no specific role being assigned to her; that applicant lives separately of the deceased and her husband, that is to say, applicant's son as said in paragraphs 9 and 10 of the affidavit; that the deceased committed suicide on account of some issues with her husband to which applicant is neither a party nor privy; that the husband is in jail; that the cause of death according to the autopsy is asphyxia and shock as a result of ante mortem hanging which is compatible with the case of suicide; and, that the applicant who is a respectable woman with no criminal history is in jail since 17.01.2018.
Learned AGA as well as learned counsel for the complainant have opposed the prayer 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 and that, therefore, the applicant is not entitled to bail. However, learned AGA does not dispute the fact that the allegations are general in nature.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the charge, the severity of the punishment, the relationship of the applicant to the deceased 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 Prabha Devi 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 :- 30.3.2018 Imroz