Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39387 of 2019 Applicant :- Smt. Seema Opposite Party :- State of U.P.
Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.,Sushil Dubey
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
Applicant- Smt. Seema seeks bail in Case Crime No. 68 of 2019, under Sections 498-A, 304-B and 323 IPC and Section 3/4 D.P. Act, Police Station Jaitpur, district Agra during the pendency of trial.
It is submitted by the learned counsel for the applicant that the applicant is the mother-in-law of the deceased. Absolutely vague allegations have been made in the first information report that her daughter-in-law was subjected to ill treatment on account of non fulfilment of demand of additional dowry and she was done to death in her matrimonial house.
It is submitted by the learned counsel for the applicant that the daughter-in-law of the applicant was a short tampered lady and on account of differences with her husband she has taken drastic steps by committing suicide. There was no demand of dowry as alleged in the first information report. It is further submitted that the father-in-law of the deceased has already been granted bail by another coordinate Bench of this court. The applicant is languishing in jail since 11.8.2019. There is no prospect of early conclusion of the trial due to heavy dockets. In case the applicant is released on bail she will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the marriage was solemnized two and half years ago with the son of the applicant. She was subjected to ill treatment on account of non fulfilment of demand of additional dowry. There is no proof that the applicant is residing separately. The inquest report clearly shows that she was assaulted in her matrimonial house as there were several marks of injury found on her body. While conducting the post mortem of the deceased the Doctor has opined that the deceased died due to asphyxia and anti mortem hanging, hence the innocence of the applicant cannot be adjudged at pretrial stage. The applicant does not deserve to be enlarged on bail as there are chances of intimidating the witnesses during trial.
Having considered the facts and circumstances of the case, without expressing any opinion on the merits of the case, let the applicant Smt. Seema involved in the aforesaid offence 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses during the trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.11.2019 Shahnawaz