Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11593 of 2018 Applicant :- Rajkumari Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Santosh Kumar Mishra, learned counsel for the applicant and Sri Indrajeet Singh, learned AGA along with Sri Kulvir Singh appearing for the State.
This is an application for bail on behalf of Rajkumari in Case Crime No. 96 of 2017, under Sections 498A, 304B, 323 IPC and Section 3/4 of Dowry Prohibition Act, P.S. Bahilpurwa, District Chitrakoot.
The submission of the learned counsel for the applicant is that the applicant is the mother-in-law; that allegations are general in nature; that the applicant is living separately of the deceased and her husband as said in paragraphs 13 and 15 of the affidavit; Sri Mishra further submits that with an identical role the father-in-law has been admitted to bail by this Court vide order dated 30.01.2018 passed in Criminal Misc. Bail Application No. 3297 of 2018 and on the foot of which the applicant claims parity; and, that the applicant is a respectable woman with no criminal history who is in jail since 14.11.2017.
Learned AGA has opposed the bail plea with the submission that it is a case of death of a wife in her matrimonial home within seven years of marriage with a background of dowry demand. As such, the applicant is not entitled to the concession of bail.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of offence, the severity of the punishment, the relationship of the applicant to the deceased but without expressing any opinion on merits, this Court finds the applicant to be entitled to bail.
Accordingly, the bail application stands allowed.
Let the applicant Rajkumari involved in the aforesaid case be released on bail on his 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