Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37553 of 2020 Applicant :- Smt. Rambai Opposite Party :- State of U.P.
Counsel for Applicant :- Vinod Kumar Counsel for Opposite Party :- G.A.,Rameshwar Prasad Mishra
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant and learned A.G.A. for the State. None has appeared on behalf of first informant.
It has been argued by learned counsel for the applicant that the applicant is mother-in-law of deceased and she has been falsely implicated in this case. It has been submitted that only general allegations of dowry demand and harassment of deceased have been levelled against all the four accused persons including applicant. No specific role has been assigned to applicant. It was submitted that marriage of deceased with son of applicant has taken place about three years prior to the incident and that applicant has committed suicide due to some dispute with her husband regarding ancestral property. In post mortem report of deceased, except ligature mark, no injury has been shown on the body of deceased and that the cause of death has been shown asphyxia due to ante-mortem hanging. It has been submitted that applicant is a lady and she is languishing in jail since 29.05.2020 having no criminal history and that in case, the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Smt. Rambai involved in Case Crime No.94 of 2020, under Sections 498-A, 304-B IPC & 3/4 D.P. Act, P.S.Girwan, District Banda, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 30.9.2021/Neeraj