Heard learned counsel for the applicant, learned A.G.A and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.78 of 2019 under Sections 498-A/304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Pachdevra, District Hardoi, with the prayer to enlarge her on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, she is having no previous criminal history and in jail since 08.06.2019. It is further submitted that the applicant is the mother-in-law and residing with her husband at 30/38, Gali No.8 Main Road, Vishwas Nagar, New Delhi and her husband is working as Security Guard at Deep Fuel Center at Delhi and he further submitted that it is admitted case of the prosecution that the deceased committed suicide by pouring oil and ablazing herself and the information was given by his son-in-law Sachin (Son of applicant) and he further submitted that utmost it would be the case of instant quarrel between husband and wife, as a result she committed suicide. The applicant has no concern, as she was residing in Delhi at the time of incident. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, she will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicantSheetal @ Rajrani be released on bail in the aforesaid Case Crime on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 30.8.2019 S. Shivhare