Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15597 of 2018 Applicant :- Smt. Rajwati Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri S.K. Rao holding brief of Sri Kuldeep Kumar, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed by the applicant in Case Crime No.837 of 2017, under Sections 498-A, 304-B, 323 IPC and 3/4 of Dowry Prohibition Act, Police Station Sikandrabad, District Bulandshahar, with the prayer to release her on bail.
Submission of learned counsel for the applicant is that the applicant is the mother-in-law of the deceased. The allegations against her are general in nature. Primarily, he has argued that her husband and father-in-law have already been enlarged on bail, therefore, on the ground of parity the applicant being a lady may also be released on bail. It is submitted that co- accused Mahesh has also been released on bail by coordinate Bench of this Court vide order dated 21.2.2018 passed in Criminal Misc. Bail Application No.6477 of 2018. It is submitted that the applicant is in custody since 1.11.2017.
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.
However, I may record that the deceased died within one and half year of her marriage at her matrimonial home and foetus of deceased was also found dead. As of date nothing on the record that the deceased died on account of some infection. However, since co-accused has been enlarged on bail, on the ground of parity, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Smt. Rajwati, 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 :- 27.4.2018 Hasnain