Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33047 of 2021 Applicant :- Smt Pushpa And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishek Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants in case crime No. 358/2021, under Sections 498A, 304B, 201 IPC and Section 3/4 D.P. Act, police station Masuri, District Ghaziabad with the prayer to enlarge the applicants on bail.
It has been argued by learned counsel for the applicants that the accused-applicants are mother-in-law and father-in-law of deceased respectively and they have not committed any offence. It was submitted that the marriage of deceased with son of applicants was solemnized about five years prior to the incident and during that period of five years, no complaint was made against the applicants regarding dowry demand and harassment of deceased. It was further submitted that the allegations of dowry demand and harassment of deceased are false and baseless and that only general allegations of dowry demand and harassment of deceased have been levelled against the applicants and co-accused persons and that no specific role has been assigned to the applicants. It was further submitted that in fact deceased and her husband were living separately from applicants and in this connection learned counsel has referred statement of one Bittu, which has been recorded during investigation. Learned counsel has submitted that in fact deceased was brought from her parental home on 10.05.2021 but after that she has suffered from severe fever and applicants and their family members have tried to provide her treatment but it was peak time of covid-19 pendemic, due to which no hospital was ready to admit her and she could not be provided treatment and deceased died due to illness. It was further submitted that after death of deceased, this information was given to the first informant and his family members and in this connection learned counsel has referred statement of one Amit, who was also mediator in the marriage. It was further submitted that after two days of the incident, F.I.R. has been lodged against applicants and all family members making false and baseless allegations. It was also submitted that there is no evidence that deceased has suffered unnatural death and due to the above-stated reasons, postmortem of the deceased could not be conducted. It has further been argued that the applicants are in judicial custody since 14.05.2021, having no criminal history and that in case, applicants are enlarged on bail, the applicants will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicants Smt. Pushpa and Pappu involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicants will not tamper with the evidence during trial.
2. The applicants will not pressurize/intimidate the prosecution witnesses.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
Order Date :- 24.9.2021 Anand