Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30702 of 2019 Applicant :- Premwati @ Omwati Opposite Party :- State Of U.P.
Counsel for Applicant :- Ankit Saran,Rohan Gupta Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Vivek Kumar Singh, learned counsel for the informant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant is the mother-in-law of the deceased. Neither she raised any demand of dowry at any point of time nor was deceased subjected to cruelty or harassment by her. General and vague allegations have been made against the applicant. There is no motive to commit the offence as alleged in the FIR. The applicant has no criminal history. She is languishing in jail since 22.06.2019 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail. Learned counsel for the informant submits that the applicant was initially an absconder and her conduct may not be looked with leniency.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused 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 the applicant Premwati @ Omwati involved in Case Crime No. 624 of 2018, under Sections 498A, 304B I.P.C. & 3/4 D.P. Act, P.S. Kakod, District - Bulandshahr be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 him 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 31.7.2019 Raj