Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17868 of 2019 Applicant :- Smt.Pravesh Opposite Party :- State Of U.P. Counsel for Applicant :- Abhishek Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged on 16.10.2018 at 7:58 hours against Anuj((husband), Ram Charan Singh(father-in-law) and Pravesh (mother-in-law) alleging that marriage of Neelam(sister of first informant) was solemnized on 23.11.2017 with Anuj but they used to torture her for demand of dowry and on 15.102018 Neelam committed suicide.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 25.3.2019 (more than one month) having no criminal history. She is mother-in-law of deceased and old lady. She has been falsely implicated. According to statement of Pankaj Kumar(first informant), husband was working on contract in Electricity Department and demand of Rs.5,00,000/- was made by husband only. The applicant had no concern with demand of dowry. It is clear case of suicide. No other injury was found on the body of deceased except ligature mark on neck. There is no independent witness. In case applicant is released on bail, she will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Smt.Pravesh involved in Case Crime No.0549 of 2018, under Section 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, Police Station Civil Line, District Meerut be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.4.2019 A. Singh