Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11239 of 2018 Applicant :- Smt. Sita Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of Smt. Sita in connection with Case Crime No. 366 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Panvadi, District Mahoba.
Heard Sri Virendra Kumar Gupta, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA along with Sri Kulveer Singh, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that the applicant is the mother-in-law; that there are general allegations with no specific role being assigned to the applicant; that the applicant has been living separately of the deceased and her husband as said in paragraph no. 9 of the affidavit; that the deceased set herself afire in a room bolted from within under circumstances as set out in paragraph nos. 15 and 17 where the applicant has had no role to play; that the cause of death is ante- mortem burn injuries as would appear from the autopsy report; that there has been no demand of dowry or harassment in connection with dowry demand so as to attract the provisions of Section 304B IPC as said in paragraph no. 23 of the affidavit; that it is submitted by the learned counsel for the applicant at the Bar that the husband is in jail; and, that the applicant is a respectable woman with no criminal history who is in jail as an under trial since 31.01.2018 in the present crime.
Learned AGA has opposed the bail plea with the submission that it is a case of an unnatural death of a wife within seven years of marriage in the four walls of her matrimonial home with a background of dowry demand. As such, the applicant is not entitled to bail. However, learned AGA does not dispute the fact that there are general allegations.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the relationship of the applicant to the deceased who is the mother-in-law but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Smt. Sita involved in Case Crime No. 366 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Panvadi, District Mahoba be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 28.3.2018 Deepak