Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20397 of 2018 Applicant :- Smt Roshani Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Bhardwaj Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard Sri Pradeep Kumar Bhardwaj, learned counsel for the applicant, Sri Prem Kumar Chaurasia, learned counsel for the informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed for enlarging the applicant on bail in Case Crime No.06 of 2018, u/s 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Sikandarabad, District Bulandshahr.
The submission of the learned counsel for the applicant is that the applicant is the mother-in-law of the deceased. The marriage of applicant's son was solemnized with the deceased about four years' back. It is argued that on account of matrimonial difference and discord between the spouse, she had consumed some poisonous substance. She was immediately shifted to Kailash Hospital, Noida by the brother of the applicant. However, she could not survive. The cause of death could not be ascertained and viscera was preserved. No ante mortem injury has been noted on the person of the deceased. Learned counsel for the applicant has submitted that from the wedlock of the deceased and applicant's son, a daughter aged about two and half years was also born. It is next submitted that case of the applicant is distinguishable from that of husband of the deceased. There is no specific allegation of demand of dowry against the applicant. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 7.3.2018, having no criminal history to her credit, deserves to be released on bail. It is lastly contended that similarly situated co-accused Subhash, the father-in-law of the deceased has already been granted bail by another Bench of this Court vide order dated 26.4.2018 passed in Criminal Misc. Bail Application No.15467 of 2018, photocopy of which has been filed as Annexure 7 to the affidavit accompanying the bail application.
Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for grant of bail to the applicant and submitted that the applicant is the eldest female member of the family, so she should be held responsible for any untoward incident which happened with her daughter-in-law, who died within four years of her marriage. As such, the applicant is not entitled to be released on bail. However, he does not dispute the fact that co-accused father-in-law has already been granted bail.
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. Roshani 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 :- 29.5.2018 Shalini