Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57417 of 2019 Applicant :- Smt. Shanti Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Kant Bharadwaj Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is mother-in- law of the deceased. Neither the applicant has committed any marpeet with the deceased nor compelled the deceased to commit suicide. In postmortem report the cause of death of the deceased has been shown asphyxia as result of antemortem hanging. There was no dispute of demand of dowry. It has further been submitted that there is general allegation against the applicant. No specific role has been assigned to the applicant.The deceased has committed suicide herself. The applicant is not a beneficiary of alleged demand of dowry. At the time of the alleged incident the applicant was living separate from the deceased and her husband. The applicant has no concern with the alleged incident. The applicant is an old lady aged about 75 years. There is no criminal history of the applicant and is in jail since 29.11.2019.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Smt. Shanti Devi involved in Case Crime No. 496 of 2019, under Sections 498A, 323, 304B, IPC and 3/4 D.P. Act, P.S. Khurza Nagar, District Bulandshahr 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:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 20.12.2019/A.