Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7671 of 2018 Applicant :- Sahnaj @Rani Opposite Party :- State Of U.P.
Counsel for Applicant :- Neeraj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of Sahnaj @Rani in connection with Case Crime No. 364 of 2016 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Bhelupur, District Varanasi.
Heard Sri Pawan Kumar, holding brief of Sri Neeraj Kumar Srivastava, 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 sister-in-law (Devrani); that there are general allegations against the entire family with no specific allegation against the applicant as asserted in paragraph no. 12 of the affidavit; that there is no case of a dowry demand or cruelty in connection with dowry demand immediately preceding the victim's death as stated in paragraph no. 11 of the affidavit; that the deceased was living separately with her husband and happened to be a person of short temper which led to some quarrel between the husband and wife as a result of which she committed suicide as asserted in paragraph nos. 9 and 14 of the affidavit; that the brother-in-law(Devar), that is to say, the applicant's husband has been admitted to the concession of bail by this Curt vide order dated 29.11.2016 passed in Criminal Misc. Bail Application No. 41596 of 2016 with whose case the applicant is at par; that also the father-in-law who bears much higher order of responsibility in the matter has been granted bail by this Court vide order dated 09.01.2017 passed in Criminal Misc. Application No. 609 of 2017; and, that the applicant who is a respectable woman with no criminal history is in jail since 23.12.2017.
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. However, learned AGA does not dispute the factum of parity.
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, in particular, the plea of parity 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 Sahnaj @ Rani involved in Case Crime No. 364 of 2016 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Bhelupur, District Varanasi 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 :- 27.2.2018 Deepak