Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51578 of 2019 Applicant :- Sadawati Opposite Party :- State of U.P.
Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri P.S.Kushwaha, learned counsel, has filed vakalatnama on behalf of the complainant, let it be taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA and perused the record.
Learned counsel for the applicant submitted that the applicant is the mother-in-law of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. It has further been submitted that there is general allegation against the applicant, no specific role has been assigned to the applicant. The deceased died due to burn injury. There is no dying declaration of the deceased. The case of the applicant is distinguishable from the case of the husband of the deceased. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. There is no criminal history of the applicant and is in jail since 2.8.2019.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that the deceased was harassed and tortured due to non fulfilment of demand of dowry. The deceased died an unnatural death due to burn injury within 4 years of her marriage, therefore, applicant is not entitled for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Sadawati involved in Case Crime No. 173 of 2019 under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Dataganj District Budaun be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and she will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 27.11.2019 Gss