Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11037 of 2018 Applicant :- Smt. Shakuntla Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Sharma Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Ravindra Sharma, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA along with Sri Vivek Dubey appearing for the State.
This is an application for bail on behalf of Smt. Shakuntla in Case Crime No. 606 of 2017, under Section 304B, 498A IPC and Section 3/4 of D.P. Act, P.S. Wajeerganj, District-Budaun.
The submission of the learned counsel for the applicant is that the applicant is the mother-in-law; that there are general allegations; that the applicant has been living separately of the deceased with her husband as said in paragraph 18 of the affidavit; that the cause of death is shock as a result of ante mortem burn injuries; that the deceased met with an accident by fire while cooking food as said in paragraph 24 of the affidavit; that there were issues between husband and wife, though the applicant is not the party to them, details of which have been set out in paragraph 16 to 23 of the affidavit; and that the applicant is a respectable woman with no criminal history who is in jail since 29.04.2017.
Learned AGA on the other hand has opposed the plea for bail with the submission that it is a case of an unnatural death of a wife in her matrimonial home within seven years of marriage with a background of dowry demand. However, the learned AGA does not dispute the fact that allegations are general in nature.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of the punishment, the relationship of the applicant to the deceased but without expressing any opinion on merits, this Court finds the applicant to be entitled to bail.
Accordingly, the bail application stands allowed.
Let the applicant Smt. Shakuntla involved in the aforesaid case be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
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.
4. 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 him from disclosing such 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, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 27.3.2018 S. Thakur