Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14976 of 2018 Applicant :- Shamshul Nisha Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Naushad Siddiqui,Bipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Bipin Kumar, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 97 of 2018, u/s 498A, 304B IPc and 3/4 D.P. Act, P.S. Chamanganj, District Kanpur Nagar with the prayer for enlarging her on bail.
It is submitted by learned counsel for the applicant that the applicant is mother-in-law of the deceased. There are no specific allegation of any demand of dowry against the applicant. Subsequently in the statement recorded u/s 161 Cr.P.C. it is stated that Rs. 20,000/- was being demanded from the first informant. Learned counsel submitted that the applicant belongs to from poor strata of the society and working as a maid servant. It is submitted that her case is distinguishable from the husband of the deceased against whom specific allegation of torture and demand has been alleged; that the deceased died on account of asphyxia due to hanging and no ante mortem injury has been found on her person.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Shamshul Nisha involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 24.4.2018 Dhirendra/