Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3951 of 2019 Applicant :- Smt. Rajrani Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ajay Pandey, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Smt. Rajrani in Case Crime No.257 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Sarai Akil, District-Kaushambi with the prayer to enlarge her on bail.
The submission of the learned counsel for the applicant is that the applicant is the mother-in- law of the deceased. The allegation of demand of dowry and consequent torture against her is general in nature. In the post mortem report, no external injury was noted by the doctor. As the cause of death could not be ascertained, the viscera was preserved. In the viscera report aluminium phosphide poison was detected.It is argued that the case of the applicant is distinguishable from that of husband of the deceased. All the family members of the applicant including her husband, sons, daughters-in-law have been implicated in the present case. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 01.12.2018, having no criminal history to her credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Smt. Rajrani be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
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 default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
It is made clear that the case of the applicant is distinguishable from that of husband of the deceased, Pramod Kumar.
Order Date :- 29.1.2019 MN/-