Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11197 of 2018 Applicant :- Santosh Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of Santosh in connection with Case Crime No. 570 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Hapur Dehat, District Hapur.
Heard Sri Dharmendra Kumar Yadav, learned counsel for the applicant and Sri Indrajeet 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 is an ageing woman aged about 60 years as said in paragraph no. 13 of the affidavit; that the deceased committed an unabetted suicide on account of issues between the husband and the wife by hanging herself to death; that the cause of death in the autopsy report is Asphyxia as a result of ante-mortem hanging, a fact that is consistent with a case of suicide; that the husband is in jail as stated by the learned counsel for the applicant at the Bar; and, that the applicant is a respectable woman with no criminal history who is in jail since 02.10.2017.
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. 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 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 Santosh involved in Case Crime No. 570 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Hapur Dehat, District Hapur 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