Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35515 of 2021 Applicant :- Smt. Ram Moorti Opposite Party :- State of U.P.
Counsel for Applicant :- Shiv Kumar Singh Counsel for Opposite Party :- G.A.,Harish Chandra Mishra
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, Sri Rajendra Prasad Maurya, Advocate holding brief of Sri Harish Chandra Mishra, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.54 of 2021, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Samthar, District Jhansi, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case; she has committed no offence; entire prosecution story is false and fake.
(ii) Although, the appellant is the mother-in-law of deceased but she did not demand any dowry from the deceased or her family members. The victim was not harassed by the applicant for demand of dowry. Death of victim is said to have been caused due to burn injuries which can be accidental or suicidal. There is general role against the accused-
applicant.
(iii) Applicant is in jail since 01.06.2021. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, she shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but conceded the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, role of applicant, manner in which the incident took place, evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Smt. Ram Moorti be released on bail in the aforesaid case crime on her furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, she shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 24.12.2021 Manoj