Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15494 of 2018 Applicant :- Savitri Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Shankar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ravi Shankar Yadav, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.22 of 2018, under Sections 498-A, 304-B IPC and 3/4 of Dowry Prohibition Act, Police Station Phoolpur, District Varanasi, with the prayer to release her on bail.
Submission of learned counsel for the applicant is that the applicant is the sister-in-law (Jethani) of the deceased. It has been argued by learned counsel for the applicant that the applicant has no concern with the husband, father-in-law and mother-in-law of the deceased as she was residing separately with her husband along with children. In this behalf specific averment has been made in para-12 of the affidavit. He further submitted that the husband of the deceased is in jail and his case is distinguishable from that of the applicant. The applicant being a lady is languishing in jail since 14.3.2018 deserves to be released on bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Savitri Devi, be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 26.4.2018 Hasnain