Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19176 of 2018 Applicant :- Rajrani Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Kedar Nath Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for State.
It is contended by learned counsel for the applicant that the applicant is the mother-in-law of the deceased and the applicant was living separately with her elder son namely, American. Learned counsel further contends that the applicant has been falsely implicated in the present on general allegations and therefore, the implication of the applicant is against the settled principle of law as laid by Hon'ble Apex Court in the matter of Geeta Mehrotra and another Vs. State of Uttar Pradesh reported in 2012 (10) SCC 741 in the matter of in support of his contention. Learned counsel has next argued that the applicant was not concerned with husband of the deceased and as per prosecution story the deceased was done to death in the room of her husband. It is thus argued that the case of the applicant is distinguishable from the case of the husband. It is further argued that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. Learned counsel has also argued that there is no likelihood of conclusion of the trial in near future and that the co-accused Babu Devi has already been granted bail by another Bench of this Court vide order dated 16.05.2018 passed in Criminal Misc. Bail Application No. 18118 of 2018, copy of which order has been produced before this Court and is taken on record. The applicant is in jail since 12.01.2018.
Learned A.G.A. has opposed the bail prayer of the applicant.
Perused the first information report as well as averments contained in the bail application.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant Rajrani Devi, involved in Case Crime No.128 of 2017, under Sections 498A, 304B, 120- B I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Bhatpar Rani, District Deoria, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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.
In case of breach of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 30.5.2018 S.Ali