Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33641 of 2018 Applicant :- Smt. Santosh Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Pal Singh Chauhan,Nitesh Kumar Srivastava,Swetashwa Agarwal Counsel for Opposite Party :- G.A.,Sunder Singh,Santosh Kumar Misra
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Smt Santosh has prayed to release her on bail in Case Crime No. 147 of 2018, u/s 498-A, 304-B I.P.C. & Section 3/4 of D.P. Act, P.S. Kankarkhera, District Meerut.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and she has been falsely implicated in this very case crime number. She being mother-in-law of deceased with no concern of alleged occurrence. She being a widow lady was residing with her brother for getting her treatment thereat, as she was ailing old aged lady. This report was got lodged on 6.2.2018 by informant Ram Nath against husband and mother- in-law with general allegation of demand of dowry and cruelty with regard to it. Whereas death was held to be owing to consumption of poison. Insecticide was found in viscera report. There as no antemortem injury over the person of deceased in inquest proceeding and autopsy examination report. Husband Dharmesh took deceased to hospital for her treatment and he informed informant through cellphone, it is written in First Information Report. It was death by suicide by deceased, with no concern of accused applicant for dowry death. Hence, bail is prayed for.
Learned AGA as well as learned counsel for the applicant has vehemently opposed the bail application with this contention that death under unnatural circumstances within two years of marriage at nuptial house and present accused applicant being mother-in-law was one of them. Persistent demand of dowry coupled with cruelty is there in the statement of witnesses. Hence, bail be rejected.
Perusal of FIR reveals that deceased was taken to hospital by her husband. Information of this, was given to informant. Deceased died owing to consumption of insecticide, which have been found in viscera examination. There was no antemortem injury over the person of deceased in inquest proceeding as well as in autopsy examination report. General allegation of demand of dowry coupled with cruelty with regard to it, is against accused applicant. She is a lady with ailment. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Smt. Santosh, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless her personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail.
Order Date :- 30.4.2019 Kamarjahan