Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38357 of 2019 Applicant :- Smt. Shashikala Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandan Kumar Jaiswal,Puneet Bhadauria Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
Learned counsel for the applicant argued that applicant is not any relative of husband. She is remotely related being Mami of husband of deceased, having no concern with affairs of family of deceased. It was a case of accident, wherein medico legal report reveals that deceased was brought and admitted by husband Dilip for treatment and this was reported to be an accident while cooking meal. Subsequently, this false accusation was there. Hence, Anticipatory bail has been prayed for.
Learned A.G.A. opposed the prayer for anticipatory bail with this contention that offence of dowry death is very heinous offence.
Having heard learned counsels for both sides and gone through First Information Report, it is apparent that accusation of dowry death is there but applicant being a lady has been said to be Mami of husband of deceased i.e. not closely related with husband and by medical papers, it is apparent that deceased was taken by her husband at above hospital for her treatment. Under all above facts and circumstances and looking to the nature and gravity of accusation and criminal antecedents of applicant, no possibility of applicant's to flee from the course of justice, a case for bail till filing of police report under Section 173(2) is made out.
In the event of arrest of the applicant, Smt. Shashikala involved in Case Crime No. 164 of 2019 under Sections 498-A, 304-B I.P.C. and 3/4 of D.P. Act, Police Station Shyam Deorawa, District Maharajganj, she shall be released on anticipatory bail till the submission of police report, if any, under Section 173 (2) Cr.P.C. before the competent Court on her furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant shall make herself available for interrogation by a police office as and when required;
(ii) 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 office;
(iii) the applicant shall not leave India without the previous permission of the Court and if she has passport the same shall be deposited by her before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 27.9.2019 Kamarjahan