Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12155 of 2018 Applicant :- Smt.Rajrani Opposite Party :- State Of U.P.
Counsel for Applicant :- Yadavendra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Yadavendra Dwivedi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.218 of 2017, under Sections 498-A, 304-B IPC and 3/4 of Dowry Prohibition Act, Police Station Narwal, District Kanpur-Nagar, with the prayer to release her on bail.
It has been contended by learned counsel for the applicant that the applicant is aged mother-in-law of the deceased. The marriage of her son with the deceased was solemnized about six years back. The prosecution version that after six years of marriage, demand of Rs.50,000/-, a motorcycle and a chain was made by the mother-in-law and father-in-law is totally false and unbelievable. Learned counsel for the applicant submitted that the allegations against the applicant are general in nature. Learned counsel for the applicant has placed a challani report under Sections 107/116/151 Cr.P.C. in which the Police had challaned the son and husband of the applicant over a property dispute. The applicant is a lady and is languishing in jail since 17.11.2017 deserves to be released on bail.
Learned A.G.A. 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 made, without commenting upon merits of the case, I am of the opinion 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.
Order Date :- 26.4.2018/Hasnain