Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7746 of 2018 Applicant :- Shiv Dei @ Shiv Rani And Anr.
Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Tiwary,Ashwini Kumar Awasthi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail filed on behalf of Shiv Dei @ Shiv Rani and Seema Devi in Case Crime No.402 of 2017, under Sections 498A, 306 I.P.C. and 3/4 D.P. Act, P.S. Kotwali Nagar, District Bulandshahr.
Heard Sri Manish Tiwary, learned counsel for the applicant and Sri Kamal Singh Yadav alongwith Sri Vivek Dubey, learned AGA appearing for the State.
The submission of the learned counsel for the applicants is that the first applicant is mother-in-law whereas the second is the aunt (Mami); that there are general allegations against the applicants with no specific role being assigned; that though in relation to applicant no.2 it is said that there was an affair with the husband with her aunt (Mami) but the said allegation has not even been remotely proved during investigation and is no more than a figment of imagination of the informant; that it is a marriage that is eleven years old and two children have been born of the wedlock of parties; that the deceased at the time of marriage had just passed her Inter Mediate Examination but over the course of time she was encouraged by her in-laws to further studies and then she has done her post-graduation and also earned the N.T.T. Diploma; that the deceased was suffering from some kind of a mental disorder for which she was undergoing treatment; that it is also pointed out that the husband had purchased two plots in the name of the deceased which excludes an outlook where the husband would abet the suicide committed by her; that it is in the last submitted that the husband upon whom the heaviest responsibility, if any lay, has already been admitted to the concession of bail by this Court vide order dated 08.06.2017, passed in Criminal Misc. Bail Application No.18977 of 2017, and, as such, the applicants are entitled to bail on the ground of parity; and, that the applicants are respectable women with no criminal history who are in jail since 07.02.2018.
Learned AGA has opposed the bail plea with the submission that the police after investigation have collected credible evidence against the applicants which does not entitle them to bail. However, he does not dispute the factum of parity with the husband.
Considering the overall facts and circumstances, the gravity of the offence, the nature of allegations, the severity of punishment, the relationship of the applicants to the deceased but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicants Shiv Dei @ Shiv Rani and Seema Devi involved in the aforesaid be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicants 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 27.2.2018 Shahroz