Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21661 of 2018 Applicant :- Shanti Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Prakash Misra,Sushil Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Sushil Kumar Mishra, learned counsel for the applicant as well as Sri Sanjay Kumar Singh, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Shanti Devi with a prayer to release her on bail in Case Crime No. - 604 of 2017, under Sections - 498-A, 304-B, 201 I.P.C. & 3/4 D.P. Act, Police Station - Patherwa, District - Kushinagar, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of dowry death and destruction of evidence, punishable with imprisonment upto life;
(ii) against FIR lodged on 08.10.2017, the applicant is in confinement since 20.02.2018;
(iii) the applicant claims to have cooperated in the investigation. In any case she is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) during trial, evidence of father of the deceased, who is the informant (PW-1) and the brother (PW-2) has been recorded. Though according to the FIR and during police investigation, it had been claimed that the death of the victim was dowry death, during their examination, before the learned court below, the demand of dowry appears to have been completely denied. Further PW-1 has stated that upon gaining knowledge of his daughter's death, he rushed to her matrimonial home and thereafter the body of his daughter had been cremated. He also appears to have suggested that he had signed blank paper during police investigation, (vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime 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 shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 Abhilash