Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51606 of 2019 Applicant :- Smt. Saroj Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Bhardwaj Counsel for Opposite Party :- G.A.,Gaurav Singh Chauhan
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased and has not compelled the deceased to commit suicide. It has further been submitted that there is general allegation against the applicant. No specific role has been assigned to the applicant. In postmortem report the cause of death of the deceased has been shown asphyxia due to antemortem hanging. The deceased has committed suicide herself. The applicant has no concern with the alleged incident. At the time of the alleged incident the applicant was living separate from the deceased and her husband. The applicant is an old lady aged about 60 years. The case of the applicant is distinguishable from the case of the husband of the deceased. There is no criminal history of the applicant and is in jail since 2.7.2019.
Per contra, learned counsel for the complainant as well as learned A.G.A opposed the prayer for bail and argued that the applicant is mother-in-law of the deceased. The deceased was harassed and tortured due to non fulfilment of demand of dowry. The deceased died within four months of her marriage. The applicant and other co-accused have committed the alleged offence, therefore the applicant is not entitled for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Smt. Saroj Devi involved in Case Crime No. 351 of 2019, S.T. No. 405 of 2019, under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Kotwali Nagar, District Bulandshahar 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 co-operate 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 A.